Injunctions in Labour Disputes

A Symbol of Dissent and Unity

researched and written by Donna Sacuta

A carving gifted to ILWU local Presidents in 1966 when they were released from Oakalla jail is proudly displayed in Local 508’s dispatch hall in Chemainus, B.C. James Brophy photo.

Before British Columbia had modern labour laws, government and the courts frequently used their powers to keep unions under their thumbs, and out of their workplaces.

One of their favourite tactics was the use of court injunctions. A steady stream of union leaders were sent to jail for defying court orders, especially in the 1960s.

In 1966 ten union presidents of the International Longshoremen’s and Warehousemen’s Union (ILWU) chose jail time over fines after telling their members to ignore a court injunction forcing them to work on a statutory holiday. BACK ROW, L-R: Les Copan, 501 Vancouver; Laing Mackie, 503 Alberni; Roy Smith, Canadian Area President; Bill Foster, 507 Vancouver; Vince Shannon, 510 Vancouver. KNEELING: Bill Laurillard, 506 Vancouver. FRONT ROW: Ed Pilford, 505 Prince Rupert; Don Garcia, 502 New Westminster; Stan Ball, 504 Victoria; Dave Mason, 508 Chemainus. Photo: The Fisherman | 15 July 1966.

Writing in “On the Line: A History of the British Columbia Labour Movement”, author Rod Mickleburgh explains:

For two years, the ILWU had tried unsuccessfully to get maritime employers to recognize statutory holidays in the Canada Labour Code. In a bid to bring the issue to a head, the union advised members to ignore a call to work on Good Friday. They did. This sent the employers to court. There, they obtained an injunction prohibiting the union from calling for a similar work stoppage on the next holiday. Union officers paid no attention to the order, and on Victoria Day the waterfront fell silent once   again. A few days later, Canadian area president Roy Smith and nine local presidents were cited for contempt of court.   In a ringing courtroom defence, Smith justified defiance of the court’s order. “We cannot and we will not allow ourselves to be   bullied by the employers into doing something which will take away the rights of the membership,” he declared. Unmoved, the   court fined Smith $500 and the others $400 each, with the option of three months in jail. All chose prison. “To pay our fines would be  an encouragement to the employers’ tactics of seeking injunctions and fines as means of harassing our union and draining its financial resources,” the group said in a collective statement.

Even a plea directly to the Queen failed to convince the court to allow longshore workers to celebrate her majesty’s birthday. Pacific Tribune, 24 June 1966.

There was widespread support for the ILWU presidents who stood up to the courts. That included from inside the jail.

“Saturday morning they took us to Oakalla, which is the provincial prison. The change room and the laundry are one huge, huge room. They drive the van right in and take the prisoners out of the van and inside. Across one wall, there was a big banner that said Oakalla Laundry Workers Local 1 welcomes ILWU,” laughed Les Copan almost 50 years later ¹.

After a month, the B.C. Federation of Labour paid the court-imposed fines and the union presidents were released. A large celebration was held at the Fishermen’s Hall on East Cordova Street. UBC Rare Books and Special Collections, BC 1532-6-19.

While on the inside, the union leaders made friends with many of the other inmates, including an indigenous artist who gifted them a carving upon their release. It has become a cherished union symbol of the time their presidents made the ultimate sacrifice for the greater good. UBC Rare Books and Special Collectins, BC1532-6-18.

The artwork, by an artist whose name is unknown, is proudly displayed in the ILWU dispatch hall in Chemainus, B.C.

In October 1973, BC’s first NDP government passed a modern labour code, creating a powerful Labour Relations Board that put an end to court injunctions in labour disputes.

1. Les Copan, Pacific Coast Pensioners Association Oral History Project, Oral History Video, Labor Archives of Washington, University of Washington Libraries Special Collections[↩]