It is hard to say how the public will react to criticism of labour leaders by those who wanted to proceed with a general strike. Perhaps it will help prove that the labour leaders are responsible and are dealing with pressure from both sides. Premier Campbell will have a more difficult time attacking labour leaders when the public can see that some union members would have gone much further than their leaders. Campbell emerged from the Bill 37 dispute with attention focused on his mean spirited image; Jim Sinclair emerged as a reasonable and responsible leader.

Angry union members are not shouting "sellout" so as to improve the credibility of Sinclair and Allnutt. It is understandable that people who are losing their jobs, and who don't know what will happen to their families, are bitterly disappointed that the job action failed to help them. It is also understandable that days of participating in picketing and demonstrations can result in high hopes that are impossible to satisfy. The critics need to focus on the mean spirited Campbell government, not on those who kept that government from inflicting even greater damage.

A starting point for those who want to know how brutal the situation could have become if Sinclair and Allnutt had not negotiated a deal, is to read the 1992 Supreme Court decision involving the United Nurses of Alberta. In 1988 they engaged in strike action contrary to an order forbidding their strike. They were found in criminal contempt of court and fined $250,000 and $150,000 on two successive motions. In 1992, in a split decision, the Supreme Court of Canada rejected an appeal just as the Alberta Court of Appeal had previously done.

In the recent BC strike and subsequent protest, the court ruled that the union was in civil contempt. The ruling was made on Sunday morning, May 2nd, with arguments and a ruling on penalties postponed until later in the week, and subsequently rescheduled for May 17. If the hospital workers had continued with job action on Monday following the court ruling, they would likely have been found to have aggravated the contempt. CBC incorrectly reported that the union could be subject to fines of as much as $250,000 per day. The truth is that potential fines and jail time are unlimited. The employer has argued in court that fines in this case should be $430,000 per day. While any sentence could be appealed, the decision in the case of the United Nurses of Alberta suggests that an appeal would face major difficulties.

In addition to aggravating the contempt decision against the hospital workers, a general strike on Monday, May 3rd, would probably have resulted in employers of all struck facilities appearing before the Labour Relations Board for orders to cease an illegal strike. Had those orders been granted, they would have been registered in Supreme Court. On Tuesday, every union participating in continued job action could have been found in contempt with substantial fines and the possibility of jail time.

Angry members who are busy attacking union leaders appear to be ignorant of simple labour law. Some dismiss the scenario sketched here as unlikely and easily avoided through appeals. That is the kind of defiance that can bankrupt the union and land its leaders and even some members in jail. Jim Sinclair and Chris Allnutt deserve praise for negotiating changes to Bill 37 while facing those horrendous consequences if the general strike had proceeded on May 3rd. Sometimes it is necessary to go to the abyss but only a fool goes over if an alternative can be found. Angry union members should know that their courageous leaders are not fools. The anger should now be focused on the Campbell government as that government could be in power for the next decade if working people turn on themselves.