Mike Da Prat, president of USW Local 2251, says a judge's order to force the union’s negotiating committee to travel without him and stay in Toronto during mediation talks is like asking the New England Patriots to play a game without quarterback Tom Brady.
The negotiating committee is so upset by the order, said Da Prat, that it is considering not attending.
“We don’t know what the court will decide, but if the decision is to put us in jail — we’ll have to make up our minds then,” said Da Prat.
The mediations, said Da Prat, should be held in Sault Ste. Marie.
“(Superior Court Justice Frank Newbould) is telling us he is going to sequester us in Toronto until such time as a deal is reached. That is absolutely abhorrent to us. We believe it is constitutionally unlawful, it tells us we can’t talk to our members. He has taken away our right to strike,” said Da Prat.
“The jobs, the work, the company is in Sault Ste. Marie. To make us go 500 miles away is absolutely ridiculous and I don’t think he should have the right to order that,” he added.
Due to personal and medical reasons, Da Prat says he is unable to travel with the negotiating committee, but will be allowed to participate in the mediations by teleconference.
That kind of splintering of the negotiation committee is unacceptable, he said.
A special membership meeting will be held March 14, at which time members will be asked to strip the negotiating committee of its ability to enter into any binding agreement in regard to concessions during the mediations should they be held in Toronto.
In the meantime, the union is planning on challenging the order in court and asking that it be stayed.
“We think it is actually unlawful. We are challenging it in court. We are seeking leave to appeal and intend to appeal it,” said Da Prat.
The order does offer Da Prat the clarification he has been seeking in terms of whether contract negotiations should occur under the Companies’ Creditors Arrangement Act process or under the Labour Relations Act.
Since about Jan. 9, the committee has been negotiating under the Labour Relations Act and Da Prat said it has made some progress.
“We have exchanged monetary proposals. Now we are expected to start over or start under duress? Under some judge-ordered process? I think it’s absolute nonsense,” said Da Prat.
Now, said Da Prat, any progress that had been made in those negotiations is gone.
“As far as we are concerned, everything starts from scratch. Who knows? Maybe Judge Newbould has another new order?” said Da Prat.