CIDQT OF  Pl\/P —John Rutka photo
rlKOI \Jr riVC Here Chris Frostad is seen aboard the Moonlight, first of five 27 foot gillnetters he is building for Nelson Bros, at his Gunderson Slough boat works. They will be powered by 150 hp Chrysler engines.
Arbitration Decision Upset
Court Throws Out Award
The Supreme Court of British Columbia has thrown out an arbitration board's decision that awarded a Nelson Bros, watchman, George Clarke, $8,200 in back wages.
The award, believed to be among the highest in B.C., was challenged in the court by the Company and was heard by Mr. Justice Aikins on September 1, 1966. An appeal, if merited, will be taken from the decision.
The dispute arose when it was discovered that Nelson Bros, had employed Clarke as "caretaker" at the Company's St. Mungo plant, paying him $50 a month for a seven day week.
BOARD RULING
The UFAWU contended Clarke's duties were those of a watchman, that he was bound by the Union's certification and should have been covered by the watchmen's agreement. After many months this contention was upheld by the Labor Relations Board. The Union then sought arbitration to determine the amount the Company owed Clarke for the three year period during which he was paid $250 a month less than the amount provided for by the watchmen's agreement.
Based on actual time worked, the UFAWU, on behalf of Clarke, submitted a claim for $32,000. It is essentially on this point that Mr. Justice Aikins finds fault with the award.
He suggests that having found Clarke to be entitled to the benefit of the collective agreement, the arbitrators, rather than "... applying the terms of the contract of employment . . . proceeded to make an award on the basis of an arrangement which they considered fair and thought should have been made.
ARBITRATORS ERRED
"This arrangement ... is different both from the contract which they found existed in fact (the Company's terms) and from the terms of the collective agreement which the Union contended should apply."
In viewing the arbitrator's reasons for the applied rate, which was ". . . in consideration of all service rendered by Clarke, not for hours worked," Mr. Justice Aikins finds this ". . . error on a material question of law . . . and an excess of jurisdiction."
In its award, the arbitration board ruled that at the time Clarke was hired the Company was under a duty to disclose the collective agreement ". . . to allow Clarke to decide whether he would accept the position on those terms (Company's) or claim the protection of union representation . . ." The arbitrators suggested a special rate of pay could be negotiated if Clarke's duties were different from those of other watchmen.
Mr. Justice Aikins found it unnecessary to rule on this argu-
GULF  and FRASER
FISHERMEN'S
CREDIT UNION
ANNOUNCE THE
27th
ANNUAL MEETING
FRIDAY, MARCH 15th at 7:30 p.m.
GRANDVIEW MEMORIAL HALL
(Canadian Legion)
2205 Commercial Drive, Vancouver, B.C.
Following the meeting there will be MUSIC, DANCING, REFRESHMENTS, DOOR PRIZES, etc. — It's your party !
Gulf & Fraser FISHERMEN'S Credit Union 333 Main Street, Vancouver 4, B.C. 681-7251
OFFICE: Tuesday to Thursday, 9-5 p.m. — Friday, 9-6 p.m. HOURS: Saturday, 10-1 p.m. — Closed all day Monday
ment because if the arbitration award was based oil either what they thought was fair remuneration or what might have been agreed to between the Union and Management ". . . the award goes beyond the submission and the arbitrators exceeded their jurisdiction."
Effect of the finding is that after waiting almost a year and a half for Mr. Justice Aikins' decision, Clarke will not get the $8,200 he deserves, and that notwithstanding the existence of a collective agreement and a Union certified to bargain for the employees covered by it, an employer can hire a person on any terms he chooses, with impunity.
The Union said it was taking legal advice to determine grounds for an appeal.
F
ishenes
Course
Opens March 11
This year's technical fisheries short course provided by the University of British Columbia's extension department opens March 11 at the North Jericho defence
CONTINUED FROM PAGE 1
APPEAL
a drive for political action in all provinces to abolish repressive labor laws will "meet with wholehearted support across the country" at the present time. Such a campaign would serve also "to keep the issue of injunctions before the labor movement," he said.
"It is to be hoped that such a program will be led by Canadian Labor Congress officers and not just carry them along," he added. "Faced as we are now in B.C. with Bill 33, the need for national labor support is more apparent than ever before."
GENERAL AWARENESS
In both Ontario and Quebec, officers of the Federations and Labor Councils were prepared tc send letters to affiliated unionf urging support for the UFAWU campaign but had been restrained by the Congress policy of no sup port for non-affiliates. Later, Par kin said, he had obtained Congress' assurance of support for the Supreme Court appeal and r letter to that effect was to have been sent to the federal justice minister?
Parkin said his meetings wit' unionists across the country had convinced him there is a general awareness of the threat posed to labor by court interference and other inroads on trade union rights.
"The troops are ready but are awaiting arrival of the general staff," he commented. "Somehow, this message must be brought home to the executive council of the Canadian Labor Congress."
department facilities, 4050 West Fourth Avenue, in Vancouver.
Applications for the course, which is scheduled to run through to March 29, must be accompanied by an advance registration fee of $15 and a letter of recommendation from a recognized fisheries organization such as the UFAWU. Tuition is free and room, board and transportation will be provided for a maximum of 24 out of town students.
Broad contents of the course include sessions on technology, biology, oceanography, economics, fishery and international law and safety at sea.
Applicants, who must be professional fishermen, can obtain further information from Graham A. Drew, Department of Extension, UBC, Vancouver 8, or by phoning the department at 228-2181 (local 11) in Vancouver.
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THE FISHERMAN — MARCH 1, 1968