IAM Local 1848 is challenging a court injunction filed by Hudbay, claiming the striking union was only following the company’s lead by breaching a picket protocol agreement.
Last Friday, August 14, Hudbay filed for an injunction that would legally compel IAM to comply with the terms of the protocol, which governs how both sides behave during the strike.
“With the right to strike, comes the responsibility to act lawfully and honour signed commitments,” Rob Winton, head of Hudbay’s Winton, said in a statement. “IAM is not, and all we have asked is that they do.”
Winton said union picketers violated the protocol at least 45 times between May 12, the day it was signed, and August 7.
But Blair Sapergia, vice-president of IAM, said the union has filed 18 formal complaints of its own relative to protocol violations by Hudbay.
He said the union also responded to 33 allegations of protocol breaches on its part by noting that Hudbay has used more than six entrance gates in Flin Flon, the limit permitted under the protocol.
“They aren’t honouring the picket line protocol agreement, either, and that’s why it’s not being followed by us,” Sapergia said.
“I’m quite surprised that they speak to the fact that we’re not honouring [the agreement], that we signed it in good faith and now we’re not honouring it, when they too signed it in good faith. And the whole issue centered around the fact that they’re leaving more than six gates open.”
Sapergia said Monday that IAM was still in the process of challenging the potential injunction.
Hudbay has regularly provided notice to IAM of the union’s violations, Winton said, including 35 incidents of picketers wrongly delaying vehicles trying to enter company property and ten incidents of picketers wrongly delaying vehicles trying to leave company property.
Whereas IAM agreed to delay vehicles entering Hudbay property no more than five minutes each, and no more than 30 minutes for any vehicle in a lineup, he said some delays have been as long as 9.5 to 10.5 hours.
The violations go beyond vehicle delays, Winton said, giving examples such as the use of homophobic slurs and profanity, telling contractors they know where they live, and throwing rocks.
“Whatever differences exist due to the strike, this kind of conduct is not acceptable or sustainable,” he said.
Sapergia acknowledged that some derogatory statements have been made in the heat of the moment but have been dealt with.
“We have spoken to each and every one of our guys that has been involved in any of those discussions,” he said. “Most of that stuff was early on in this game when everybody was learning, and there’s not nearly so many anymore.”
As for the rock-throwing allegation, Sapergia said the RCMP investigated the matter and determined it was hearsay. It was never proven and no video exists of the alleged incident, he said.
As for evidence of Hudbay using more than six entrance gates, Sapergia said video is available.
Last week, IAM directed the public to a YouTube video titled “Hudbay smuggling in replacement workers.” The video depicts several men boarding white security trucks on bumpy, grassy land that appears to be near the company’s Flin Flon operations.
The video followed public statements from IAM that Hudbay had hired what it believed were “scab mechanics” and supervisors.
As of Monday afternoon, the video, which lasts three minutes and two seconds, had nearly 4,900 views. Also Monday afternoon, Sapergia said IAM believed there were 16 replacement workers in Flin Flon and, as a best guess, 25 to 30 in Snow Lake.
In addition to entrance-gate violations, Sapergia said IAM has complaints about abusive language from some guards working for Hudbay, and of aggression from motorists who weren’t respecting a picket line.
Winton further said IAM established an illegal picket line on Highway 395 at the Lalor mine access road near Snow Lake, during which verbal threats were made against security personnel.
“They are just piling up as many issues as they can think of,” Sapergia said in response.
Winton said Hudbay has “a large amount of video” evidence to back up its claims against IAM.
The company filed for the injunction in the Manitoba Court of Queen’s Bench in Winnipeg. It was not clear when a ruling would be handed down.
Sapergia said IAM hoped to have the case moved to Flin Flon.
Multiple sources within Hudbay have told The Reminder that the company wants to be back at pre-strike production levels starting September 1 – with or without IAM.
