Security clearance ball is bounced back to the ILWU

Yesterday the Daily News featured details of a court challenge launched by the ILWU over a number of security requirements being made by the federal government regarding employees working on the nation’s docks.

That court case result came out today and the challenge by the ILWU was dismissed, which means that any member who refuses to apply for security clearance by January 18th could be refused work.

In a release to members posted on the ILWU website, the union advised that it was revoking its order to the membership to not complete the Marine Transportation Security Clearance forms, which should lead to an avalanche of paper about to be submitted to government officials.

Today’s Daily provided details of that decision and what impact it may have on the provinces ports including the container terminal at Fairview.

Pressure is on port workers after court decision
The Daily News
Tuesday, January 08, 2008
Page one

The Federal Court of Appeal dismissed the International Longshore and Warehouse Union applications to stay Marine Security Transportation Safety Clearance Program yesterday.

The decision means that as of today any Lower Mainland longshoremen who refuse to apply for security clearance by Jan. 18, in order to meet the Feb. 20 deadline, could be refused work. Prince Rupert longshoremen have until Dec.15, 2008, to comply with the new regulations.

The ruling also means the Canadian Industrial Relations Board decision, which deemed the refusal by the union to participate in the program to be an illegal strike action, comes into effect today.

The ILWU, which represents longshoremen working at container facilities in British Columbia, had been asking the courts for a stay of the program until its validity under the Canadian Charter of Rights and Freedoms can be determined by Federal Courts.

ILWU members have been opposing the program because it would require members to submit personal information, including fingerprints and photographs, that could then be turned over to foreign governments.

The ILWU is currently in negotiations with the B. C. Maritime Employers Association for all longshoremen in B. C. working at container handling facilities, including those at Maher Terminals.

Two federal mediators have been appointed to oversee the process and it will be ongoing until Jan. 18.

The new ruling complicates matters because it puts the issue of the marine security clearance program back in the hands of the ILWU to determine how it wants to proceed.

Waiting for a court decision down on the waterfront

Things have changed quite a bit on the docks of North America since Brando, Malden and Cobb made the classic picture On the Waterfront.

Discussion and negotiations tend to settle the differences now as opposed to the brass knuckles so elegantly referred to in the above clip, but every once in a while it seems that the two sides need a bit of help in working together.

The Daily News features details of the current problems that the International Longshore and Warehouse Union have, this time not with their main employers, but instead with federal requirements under the new Maritime Transportation Program. Requirements for employees to submit fingerprints, personal information and photographs to the government, details which according to the union, would then be shared with foreign governments and intelligence agencies.

The Union has outlined its concerns about the government’s new screening program, since the idea was first initiated by the government back in 2004. The ILWU have been using the Canadian Charter of Rights and Freedoms, Privacy Act and Human Rights Acts as their main points of discussion during the long running dispute.

The issue comes to a head on Tuesday, when a recent ruling from the Industrial Relations Board describing the ILWU actions as an illegal strike will come into effect.
Depending on how the court interprets the Government's security legislation and how it relates to the Charter of Rights and Freedoms, could go a long way in either defusing or heating up the issue on the waterfronts of BC. The security issue has been part of the background, as the union and the B. C. Maritime Employers Association began to work on their contract negotiations through the use of a mediator/concilliator.

It’s an issue that should make Tuesday a very interesting day for the ports of British Columbia. The security screening program issues are proving to be a bit of a distraction to another key bit of maritime negotiating going on at the moment.

As the union and B. C. Maritime Employers Association get to work on their contract negotiations through the use of a mediator.

The ILWU website advised the state of negotiations for its members with the following: The ILWU Canada and the BCMEA have agreed there will be an extension of conciliation until Jan. 18, 2008. If there is no extension past Jan. 18, the earliest that we would be able to take job action is 21 days after Jan. 18 - or one minute after 12:00 midnight on Feb. 9, 2008

It all is making for some high stakes negotiating in the next few weeks, which will have a major impact on the state of the ports of British Columbia over the next few months. Issues hot enough to make it to the front page of Monday’s paper.

COURT TO RULE ON DISPUTE AFFECTING WEST COAST PORTS
By Leanne Ritchie
The Daily News
Monday, January 7, 2008
Pages one and three

The Federal Court of Appeal will decide today whether to call a cease fire in the battle over the new Maritime Transportation Security Program.

The court is expected to decide whether to put a stay on the legislation that requires Vancouver and Lower Mainland longshoremen to obtain security clearances by Feb. 20, 2008, and Prince Rupert longshoremen by Dec. 15, 2008, or be refused work.

The International Longshore and Warehouse Union (ILWU) of Canada, which represents longshoremen in B.C. including those who work at the Fairview Container Terminal, has refused to participate in the government's new screening program on the grounds that it violates longshoremen's rights under the Canadian Charter of Rights and Freedoms.

In December, the Canadian Industrial Relations Board ruled that ILWU were participating in illegal strike action by not participating in the program, a ruling that comes into effect on Tuesday unless the program is stayed in court.

Tom Dufresne, president of ILWU Canada, said if they win Monday’s case, it would defer the implementation of the security program until its validity can be determined by the federal court.

“We feel the program as it currently exists violates the Charter of Rights and Freedoms, we fell it violates the Privacy Act and Human Rights Acts.”

Specifically, the program would require longshoremen to submit a variety of personal information that would then be shared with other foreign governments. This includes fingerprints, information on spouses, ex-spouses and photographs.

“The application form you are required to fill out requires you to consent to the Government of Canada disclosing your personal information to foreign government and intelligence agencies,” said Dufresne. “We feel allowing this information to be shared with foreign governments is not very wise and violates people’s privacy rights.”

The background checks are part of Canada’s proposal to comply with international maritime security regulations. While the prevalence of criminal groups in Canada’s ports has long been debated, the clearances are largely aimed at addressing international concerns about terrorism.

The issue of the Maritime Security Clearance Program has been a concern for the ILWU and B. C. Maritime Employers Association for the past few months. The original deadline for Lower Mainland longshoremen was Dec. 15, 2007, at which time all employees of Phase One container and cruise ship terminals were expected to comply.

However, with 2,300 ILWU members refusing to participate, the federal government extended the new deadline until Feb. 20, 2008 in order to prevent labour disruption.

The new deadline means longshoremen would have to submit applications by Jan. 21, 2008, in order to receive certification for the Feb. 15 deadline.

Prince Rupert facilities are considered part of Phase II of the implementation and therefore, the program does not come on line here until Dec. 15, 2008.

A stay would also officially remove the issue from the arena of labour negotiations taking place between the B. C. Maritime Employers Association and ILWU.

A federal mediator, John C. Rooney, has been overseeing discussions between the parties for the past week and he will continue to oversee additional meetings scheduled until this Friday.

ILWU members Local 505 Prince Rupert are included in those labour negotiations.

Members are under the same province-wide collective agreement as Lower Mainland workers.

“We are looking forward to reaching a collective agreement with the employer over the next couple of weeks or month and reaching some sort of settlement we can bring back to the membership for a vote,” said Dufresne.