Case law on "illegal strikes" was made in Alberta when the United Nurses of Alberta went on strike in January, 1988, contrary to directives made under the Alberta Labour Relations Act forbidding the strike; they were found to be in criminal contempt of court and fined $400,000. In 1992 the Supreme Court of Canada ruled that a union can be held in criminal contempt of court, but in the case of the Alberta nurses the Court said:

"The conduct of the union leadership was not sufficient to transform the civil contempt into criminal contempt. The element of public injury was missing from the breach of the order. The nurses neither flaunted their disobedience of the order nor presented any threat of violence. The diffidence of their spokesperson in discussing the matter with press indicated that the union did not intend to bring the administration of justice into a disrepute or hold it up to scorn."

Those words must weight heavy on the minds of the BC Ferry and Marine Workers Union. They realize that the stakes are extremely high with the potential for heavy fines and jail sentences not only for the union and its executive but also for individual members. They also realize that the Campbell government imposed contracts on health and education workers; a "cooling off period" could end with the possibility of an imposed contract.

Students of labour history know that many "rights" enjoyed today were won as the result of civil disobedience, and acceptance of the consequences. On day 2 of the strike David Hahn, the head of BC Ferries, gave several interviews which appeared calculated to inflame the situation - thinly disguised threats of firing all the workers were mixed with language calculated to excite public anger against the union. Hahn would be well advised to turn down his rhetoric and to spend some time reading BC labour history rather than reflecting on the glories of Ronald Reagan's exploit with the air traffic controllers.

It would be in the best interests of BC Ferries and the traveling public if harmonious industrial relations could be established as a result of a freely negotiated agreement. On December 9th, the parties at least agreed to essential service rules, but rather than let those rules govern the job action, the Campbell government imposed a "cooling off" period - a complete ban on job action. Government could get negotiations back on track by withdrawing the ban and living with the essential service legislation that it imposed. The alternative is to file a Labour Relations Board order in the courts, and then stand by as application is made to the court for an order of contempt. Once that is done, the government loses control. Any consequences are up to the courts and attempts to negotiate a solution must take place without the ability to modify court orders. If union members or officers, are willing to suffer whatever consequences the courts may determine, the dispute could escalate beyond anyone's control.

BC does not need to turn the clock back 50 years in labour history. The Campbell government should make every effort to avoid testing how far the union might go, and the Union should accept any possible opening as a way to step back and negotiate rather than become the next chapter in the history of martyrs to labour rights. A year from now everyone would be best served by an industrial relations climate where neither side won or lost in the big confrontation.