From page 1
INJUNCTIONS OUTLAWED
• Rallying to the aid of striking Cominco workers, UFAWU organizer Bert Ogden and Ernie Lafleur used the Patasalee to collect 1,600 food fish for Steelworkers' strike relief. Among volunteers who helped to unload the fish at Campbell River were IWA member Ron Collins and UFAWU member Barney Chessau, as well as Steelworkers' members Bill Garrett and John Hussey, Campbell River; George Dubinski, Nanaimo; Bob Cox, Merritt, and Doug Feeney, Quesnel.
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SEINE
"What did the commission expect — that Canadian fishermen would not concentrate in the limited area opened for 24 hours in order to get their share of what, after all, are fish reared in Canadian streams?" asked" UFAWU secretary Jack Nichol, suggesting that the commission would be better advised to
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Nichol said the heavy concentration of gear for the opening was one more proof of the failure of the Davis Plan to reduce the size of the salmon fleet and relieve the problem of "too many boats chasing too few fish."
The fact is that fishing efficiency is higher than ever, he said, "and there's more seine gear in the water than there was before the plan was launched with press publicity in inverse ratio to its accomplishments."
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applications on the ground that sections of the federal code covering fishermen are ultra vires and beyond the competence of parliament.
The provincial government, conversely, refuses to designate fishermen as being covered under its provincial labor code, which would compel the companies to challenge its constitutional jurisdiction and entangle themselves in their own legal nets. Provincial labor minister Bill King maintains that fishermen are indeed covered by the dependent contractor clause in the code — but only if the courts decide that fishermen do not come under federal jurisdiction.
King announced proclamation of the key section 32 of the provincial labor code outlawing court injunctions in his Labor Day message, describing it "as one of the most fundamental changes in labor law in our history," although the B.C. Federation of Labor, when the code was introduced in the legislature last year, voiced apprehension that "such sweeping powers, in the hands of a body (the labor relations board) over which there is no democratic control, are highly dangerous and incompatible with a truly democratic society."
The Fisherman was unable to reach either King or his deputy, James Matkin, at Victoria this week, but obtained from Frank Rhodes, executive officer for the labor relations board, the comment that it would take "a constitutional expert" to define the rights of fishermen.
Reminded that the UFAWU has been held by the courts to be subject to all the penalties of the provincial Trade Unions Act, enacted by the former Social Credit government, while possessing none of its limited rights, Rhodes said he expected the Trade Unions Act to be repealed in its entirety soon.
This would require only proclamation of section 151 of the provincial labor code which provides for repeal of the Labor Relations Act, Mediation Services Act and Trade Unions Act.
This would eliminate one legal hazard still faced by organized fishermen, although it would confer no rights on them.
Fishermen can obtain rights, either by the Canada Labor Relations Board processing UFAWU applications for certification, forcing the constitutional issue, or by the provincial government designating fishermen specifically as being covered by the provincial labor code, again forcing the fishing companies to challenge its constitutional right to do so.
But whether the companies chose to challenge the federal or the provincial jurisdiction, they would not be able to have it both ways, as they do now.
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U.S. surges ahead in sockeye landings
CANADIAN SOCKEYE LANDINGS
1962 1966 1970 1974
August 21............... 28,341 334 710 21,700*
August 22............... 117 * 70,589 375 19,500*
August 23............... 71* 48,149 394 5,700*
August 24 ............... 56 * 64 * 2,162 3,200*
August 25 ............... 73 35* 147 34,300*
August 26 ............... 90 * 63 132 102,500
August 27 ............... 62 35 27,414 30,000
August 28 ............... 50,148 54 4,859 248,000
Season's total to date.. .451,111 1,315,718 1,175,786 2,078,000
* Troll
U.S. SOCKEYE LANDINGS
1962 1966 1970 1974
August 21................. 52,424 1* 14* 213,000
August 22 ................. 5 * 73,075 2* 152,000
August 23 ................. 6 * 94,886 2* Closed
August 24."................ 8* 7* 2* Closed
August 25................. 7* 30* Closed Closed
August 26................. 7 * 2* 15,632 285,000
August 27................. 4* Closed 218,722 228,000
August 28................. 6* Closed 91,263 Closed
Season's total to date... 449,282 1,247,262 1,315,782 2,317,000
* Troll
• Statistics compiled from records of the International Pacific Salmon Fisheries Ccunmission are the best estimates now available and may be changed without notice as discrepancies are found and corrections made.
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THE FISHERMAN — SEPTEMBER 6, 1974/3
