Alberta Labour Relations Board Refuses to Act to Uphold the Rights of Workers
- Peggy Morton -
UFCW Local 401 greets workers going into the
Cargill High River plant as it reopens
May 4, 2020, with masks and information.
United Food and Commercial Workers Canada,
Local 401 filed an Unfair Labour Practice
complaint on April 29 arguing that Cargill had
violated two sections of Alberta's Labour Relations
Code by interfering with the
representation of the workers by the union, and
the workers' rights to representation.
 The Unfair Labour
Practice exposed that since the first cases of
COVID-19 were identified at the plant, Cargill
has consistently refused to recognize the union
as the workers' representative. It further
presented the workers with false and misleading
information about the union's involvement, in an
attempt to undermine confidence in the union and
wrongly suggest to workers that the union had
agreed to re-opening of the plant. The complaint
showed that on the contrary, Cargill management
had consistently refused to provide information
to the union, to provide answers to questions
and even to respond to the union regarding the
issues raised in the union's letter to Premier
Jason Kenney.
The complaint provides information about how
Cargill has responded since the death of Bui Rhi
Hiep on April 20. At every step of the way it
has refused to carry out good faith negotiations
with the union and instead has used
disinformation, threats, bullying, and dictate.
For example, it took almost a week after
Hiep's death, and an order from
Occupational Health and Safety (OH&S),
before the company began an investigation into
her death as required by law. Alberta OH&S
finally toured the plant on April 27, but
conducted no interviews with the workers.
OH&S officials requested that Cargill
provide certain documents, but the company did
not comply. On April 28 Cargill held a virtual
town hall with the workers and did not ask the
union to participate. Cargill did not inform the
union that it would be re-opening the plant, nor
did it conduct any discussions with the union.
Despite this, Cargill sent a letter to every
worker stating that it was carrying on
discussions with the union about the plant
re-opening, leaving the impression that the
union was on board.
The union asked that the Alberta Labour
Relations Board (ALRB) hold an emergency hearing
and requested "interim relief," pointing to the
irreparable harm if workers were required to
return to work without their union being able to
determine if they could do so safely. The entire
country has heard the evidence of the workers as
to how the company pressured them to come to
work sick, refused to provide proper protection,
refused to slow the line to enable social
distancing, and showed utter disregard and
contempt for their health and very lives. That
Cargill management cannot be entrusted with the
safety of the workers who they consider things
and not human beings is evident to everyone, as
is the fact that it is the health and very lives
of workers, their families and communities that
are at stake. Everyone but those who in name
constitute the public authority, but who instead
act as Cargill's apologist and enabler.
It is difficult to imagine a situation more
fraught with the danger of irreparable harm,
with half of the workers already positive for
COVID-19, the death of a worker and close
contact, and others who are seriously ill in
hospital, some in intensive care. Despite the
clear urgency of the matter and where 85 per
cent of the workers had indicated that they felt
it was unsafe to work, the ALRB set the hearing
date for May 7, three days after the plant was
to reopen, and appointed a mediator to meet with
the parties over the weekend.
Local 401 asked for the matter to be
reconsidered. The Labour Board's decision
stated,
"The Union raises a natural justice concern,
saying the Decision effectively deprived it of
the ability to pursue interim relief. What I
take from the summary of the reasons provided is
that the Board was concerned about the
complexity of the litigation given the current
circumstances. The Union's complaint contained
detailed particulars and was only filed on
Friday. The Employer has yet to file its
response. The Decision reflects a balancing of
interests that is not unreasonable or unfair
during these extraordinary times."
In its decision, the Labour Board does not say
what is being balanced. It does not mention that
it is "balancing" the lives of human beings with
the greed and narrow interests of the foreign
billionaires who are intent on opening the
plant. The fact that the Employer has yet to
respond is even stated as having some relevance
-- an employer which has yet to even offer
condolences to the husband of Bui Thi Hiep, who
had worked for Cargill for 23 years and who died
of COVID on April 20.
Yes, much is revealed during extraordinary
times, first and foremost that the workers can
only count on themselves and on their own
organizing work and the strength of their
numbers and conviction to defend their rights
and that it is this fight which defends the
rights of all.
All Out to Support the Most
Vulnerable Workers at the Meatpacking Plants!
Cargill High River Plant, May 4, 2020
This article was published in
Number 32 - May 7, 2020
Article Link:
Alberta Labour Relations Board Refuses to Act to Uphold the Rights of Workers - Peggy Morton
Website: www.cpcml.ca
Email: editor@cpcml.ca
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