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.