Reproduced with permission from Construction Labor Report, Vol. 48, No. 2412, pp. 1518 et seq.
(Feb. 12, 2003). Copyright 2003 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Volume 48 Number 2412 Wednesday, February 12, 2003	Page 1518
ISSN 1523-5688
Legal News
International Labor British Columbia Top Court Denies Carpenters Summary Judgment in Lawsuit Against Locals

OTTAWA--The British Columbia (Canada) Supreme Court rejected efforts by the international leadership of the Carpenters and Joiners of America to force dissident British Columbia locals to start paying into a pension plan for union officers (McCarron v. United Brotherhood of Carpenters and Joiners of America Locals 1081, 1237, British Columbia, No. C994939, 1/22/03).

The international union did not present sufficient evidence to justify a summary judgment ordering the locals to contribute to the pension plan, and resolution of the dispute requires a full trial, Justice D.A. Halfyard said in his ruling. "The evidence is insufficient to enable me" to find the facts necessary to decide the issues of fact and law, Halfyard said.

Fair consideration of the arguments involved will require a comprehensive review of events over a period of more than 30 years, according to the ruling.

"A key issue will be the nature, extent, and duration of the knowledge of the plaintiffs (and their predecessors) concerning these events, including the defendants' failure to make contributions," he said.

It would also be inappropriate to rule on pension plan payments before judgment is delivered in an ongoing trial on the international's application for access to the provincial council's records, he said.


Locals Alleged Bad Faith Actions

The locals contended that the McCarron and other officers of the international union acted in bad faith in bringing the disputes, and although those remain unsupported allegations, that could change when the other ruling is made, according to the ruling.

"I was not impressed by the defendants' argument that they have not had a reasonable opportunity to explore the defense of bad faith on discovery, but I think the possibility that evidence of bad faith may emerge from the other action cannot fairly be ignored at this stage," Halfyard said.

The ruling represents a further setback for efforts by the international leadership to rein in dissident locals in British Columbia by forcing a trial where the locals can present their full case, Josh Coles, organizer for the British Columbia Provincial Council of Carpenters, told BNA Feb. 5. "This is not to say we are guaranteed a win, but it is to say we are doing okay," he said.

The latest victory follows on a 2000 ruling in which the province's top court rejected the international union's application for a summary judgment ordering the Provincial Council of Carpenters to turn over its books and records to the international for examination, he said.

"We fought this because we knew it was a fishing expedition looking for any reason to impose trusteeship," he said.

The dispute over the provincial council's books went to trial in October 2002, and although a decision is pending, it will likely be delivered before the trial on the dispute over the pension plan is scheduled to begin in January 2004, he said.

"The problem with that for McCarron is that we will either be crushed by then, or we will be free," he said.



By Peter Menyasz