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The barricade at Gate 7 of the Co-op refinery on Feb. 12, 2020. (Evan Radford/980 CJME)

Unifor again found guilty of contempt of court, fined $250K

Feb 12, 2020 | 3:59 PM

The union representing employees at the Co-op refinery has been fined for a second time as a result of its actions during the ongoing lockout.

In a written judgment released Wednesday, Court of Queen’s Bench Justice Neil Robertson ruled Unifor was in contempt of an injunction served against it and fined the union $250,000.

On Jan. 22, the union was fined $100,000 after being found in contempt of court for violating an injunction.

That order allowed picketers to hold vehicles at the refinery gates for a maximum of 10 minutes. If the drivers didn’t want to hear the union’s message, they were to be allowed into the refinery immediately.

On Jan. 20, the union started using fences, vehicles, wooden pallets and other items to blockade the facility completely.

The Co-op Refinery Complex (CRC) went to court Feb. 6 in hopes the court would hold the union as well as two Unifor Local 594 executives — Kevin Bittman and Lance Holowachuk — in contempt for failing to comply with the earlier injunction.

Robertson ruled the union “intentionally committed acts prohibited by the injunction” from Dec. 28 through Jan. 27.

He said the union’s action “of repeated and continuing breaches over a period of four weeks shows a pattern which I find to be deliberate and reflective of planning.”

He ordered the removal of all of the barriers from around the refinery. While many had been removed already, the barricade at Gate 7 was being dismantled Wednesday.

In his judgment, Robertson dismissed the union’s defence that Unifor Canada — not Local 594 — was in charge of the picket lines.

“If the Union enlists or allows participation from outside supporters or contractors on its picket line, it cannot then disown any responsibility for their actions,” Robertson wrote.

He also broadened the scope of the injunction, saying it applied to Local 594 “and any other person having notice of this order.” As well, Robertson gave police “judicial authorization” to enforce the injunction.

He found the union guilty of contempt for its actions and held Holowachuk in contempt for delaying a truck on the line for more than 10 minutes. He was ordered to complete 40 hours of community service.

Bittman was found not guilty of contempt.

On Sunday, Unifor had to remove a barricade it had erected around a Co-op fuel terminal in Carseland, Alta.

In a media release, the refinery said it was pleased with Robertson’s ruling and said it hoped “Unifor will obey the law and abide by the decision of the court.”

The company also noted that the appointment of a special mediator was a positive step, but it wants the union to abide by all of the terms of the initial injunction.

“CRC has been encouraged in recent days as Unifor has begun removing blockades from (Federated Co-operatives Limited) sites,” the release said. “CRC anticipates that (Wednesday’s) ruling will provide Unifor with additional incentive to completely remove all illegal blockades.”

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