ST. JOHN'S, N.L. — Loblaws Inc. was granted an injunction against the actions of its striking workers at its distribution centre Monday, but denied an order preventing them from picketing at other affiliated locations.
After hearing arguments from lawyers representing the company and Unifor Local 597 last week, Justice Valerie Marshall ruled against granting the supermarket giant injunctions limiting striking Dominion workers’ activities at some of its affiliate businesses, including No Frills, Shoppers Drug Mart, Wholesale Club and Your Independent Grocer. She did determine the workers had been illegally picketing Loblaws’ distribution centre in Mount Pearl and ordered them to stop.
The picketing itself wasn’t the issue, Marshall explained, and Loblaws had acknowledged in its submissions to the court that union members have the right to peacefully protest on its property. The issue was one of blocking vehicles from entering and exiting the parking lot of the distribution centre, causing disruption in traffic and therefore potential public-safety issues as well as breaching the Labour Act, causing a nuisance and other violations, the judge said.
“It should have been clear that blockade of trucks in the manner undertaken by the pickets at the distribution centre was unlawful,” Marshall said.
“The blockades at the distribution centre could not be characterized as merely peaceful persuasion. The interference is not minimal or a mere inconvenience. It was unlawful,” she ruled.
About 1,400 Dominion workers across the province have been on strike since Aug. 22, after rejecting Loblaws’ offer of a $1-per-hour wage increase over three years. The union says Dominion, which is owned by Loblaws, cut more than 60 full-time jobs in Newfoundland last year and more than 80 per cent of workers are classified as part time with limited benefits, no sick days and no vacation, along with minimum-wage pay.
“Strike activity will continue to escalate as Loblaw Co. refuses to come to the negotiating table in good faith.”
Last month, Loblaws Inc. successfully sought an injunction against the workers after it said they were blocking the removal of trailers filled with perishable food and stopping customers from going into the supermarkets' pharmacies to pick up medication, among other things. The court order prevents the picketers from barricading entrances or interfering with employees or contractors entering the store, but does allow them to stop people for up to a minute.
Loblaws was spurred to seek another injunction related to the distribution centre and other secondary sites after union members picketed the No Frills store in Paradise Oct. 8. Loblaws owns the No Frills franchise and receives royalties from the store, the court heard.
Between 75 and 100 striking workers stood in a line around three sides of the parking lot of No Frills on the day in question, holding a rope, handing out pamphlets and speaking into a megaphone, asking customers not to shop there.
Loblaws submitted the unions’ actions amounted to intimidation and caused at least a dozen customers to walk away; Marshall didn’t agree, saying the picketers had not obstructed patrons or vehicles and there was no evidence that customers didn’t leave simply because they wanted to respect the picket line.
“It is more fitting to characterize the circumstances of the picketing activities which occurred at No Frills as a peaceful display of solidarity which did not intimidate or interfere to any degree with the use of the property, based upon the evidence that has been filed,” Marshall said.
She quoted former Newfoundland and Labrador Supreme Court Chief Justice Derek Green’s ruling in a previous case, saying, “the use of the picket line, properly employed, is recognized as an important aspect of a union’s labour activity,” and has a social utility that can’t be struck down simply because it may cause minimal inconvenience or interference.
Marshall denied Loblaws Inc. a provincewide injunction for its outlets other than Dominion, saying there was no evidence of any illegal picketing at any of them, with the exception of the distribution centre. She noted Loblaws “may indeed have to return to court if unlawful picketing does occur at an affiliated location.”
She ordered Unifor to stop obstructing access to and from the distribution centre, but allowed striking workers to take actions that could be characterized as brief and temporary interference with the goal of informing patrons, suppliers and others of the situation and requesting that they not enter.
Overnight Sunday, the striking workers relocated their picket from the distribution centre to Weston’s Bakery in Mount Pearl. Loblaw Companies Ltd. is a subsidiary of George Weston Ltd.
“Strike activity will continue to escalate as Loblaw Co. refuses to come to the negotiating table in good faith,” Unifor national president Jerry Dias said in a news release.
The union said it plans to approach a government-appointed mediator to bring the parties back to the negotiating table to settle the 10-week-long strike.
“Loblaw Co. has seriously underestimated their workers, both in value and determination,” Local 597 president Carolyn Wrice said in the release.
Tara Bradbury is a justice reporter in St. John's
