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UFAWU scores appeal court victory in Combines case
A landmark B.C. Supreme Court decision that found fishermen are workmen under the law has been upheld by the B.C. Court of Appeal in a unanimous verdict that deals a major blow to the Combines Branch investigation of the UFAWU.
In a brief ruling that entirely endorsed the 1979 verdict of Mr. Justice Henry McKay, a Court of Appeal panel headed by Chief
Justice Nathan Nemetz agreed that fishermen are workmen.
The appeal court agreed as well that Mr. Justice Mckay had been correct in denying the Combines Branch the right to jail or fine UFAWU members who refused to co-operate with the probe of the union's bargaining.
The UFAWU officers based their defiance of the branch on Section 4(l)a of the Combines
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Investigation Act, which exempts organizations of workmen from combines probes.
The appeal decision is a massive setback to the combines attack on the UFAWU, which was launched in the wake of the 1975 salmon strike. The union's offices were raided, documents seized and the Restrictive Trade Practices Commission attempted to hold closed-door hearings into the union's affairs in December, 1975.
But a demonstration of fishermen and shoreworkers demanding public hearings led to charges against seven UFAWU members for interference with the investigation. It took until 1978 to resolve those charges, in the course of which it was revealed that the investigation was directed solely against the UFAWU.
In 1979, the hearings resumed. Legal efforts to stop the probe failed and union officials refused to answer questions they believed outside the branch's jurisdiction.
This time the branch went to court seeking the right to fine or jail the union members for contempt. The McKay decision stopped that move. The appeal, which went to court only in October, now has failed.
Nonetheless, Simon Wapni-arski, who heads the combines investigation of the union, said in a telephone interview from Ottawa Dec. 3 that federal justice department lawyers may appeal this decision to the Supreme Court of Canada.
"The inquiry is still continuing," Wapniarski said. "In the event an inquiry would be discontinued, everybody involved would be informed by letter."
Wapniarski said it would not be correct to assume the investigation had been suspended during the three years between the McKay decision and the Nemetz verdict. "Just because nothing has happened does not mean it has been set aside."
Wapniarski said it is unlikely a decision on a course of action will be taken before January.
The Supreme Court of Canada normally will accept cases only if they have implications for public policy. This case may qualify on two grounds. It deals with the right of the RTPC to fine people for contempt and thus could limit the already feeble powers of the branch in dealing with true combines.
Also at the heart of the case is the long-standing legal battle over whether or not fishermen are workmen. The claim that they are not workmen has been used to deny fishermen workers' compensation, unemployment insurance and bargaining rights.
All work, no play
VICTORIA (LN) — Workers get too many paid holidays, says a member of the Social Credit government.
Back-bench member George Mussallem says holidays "are killing this province" and should be cut back.
He would save Christmas, New Year's Day, Thanksgiving, "and perhaps Easter — I'm not too fussy about that."
Mussallem was speaking on a government finance bill. He added, "The Americans have five statutory holidays. We have more than 10 ... I tell you that it is time we got together and kicked these holidays out. Get to work!" (In fact, the U.S. has nine legal holidays.)
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THE FISHERMAN — DECEMBER 10, 1982/7