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Vancouver and Calgary Injunction attempts

May 18th, 2007

Brothers and Sisters,

Last night we found out that CPRail had made an application for injunction to limit our picketing at the Vancouver Intermodal Facility in Pitt Meadows, BC. As you know, no trucks have been moving in or out of there since the strike began (sorry, one truck went in and out). They claim that this has had a significant effect on their business and has affected them.

They made outrageous accusations which were totally untrue about alleged intimidation, threats etc.

Today the matter was heard in court and they were denied the injunction. Picketting will go on as usual, with full respect for the law and fully within our legal rights. There have not been any threats or any intimidation, just decent people and union brothers honouring our picket line out of respect for our struggle.

It is good to see lies go unrewarded.

Stay safe, stay strong, stay united

Bill Brehl
President
TCRC MWED

Brother Brehl:

Today (Friday), at 12:48, I was served with an application for an injunction to limit the amount of time, two minutes, that we are able to picket in front of vehicles entering and leaving the Calgary Intermodal facility. We are currently allowed to hold them for 5 minutes as negotiated with the Calgary City Police, the CPR Police, the terminal manager and the local TCRC representatives, Dennis Arter and myself.

This application required that we appear before 1400, one hour and 12 minutes from receipt, In the Court of Queens bench to defend our position. I called Brother Brehl for instructions on how to handle this. He told me to call Dave Brown, our lawyer, and to start driving to the Teamsters 362 office so they could check out the documents for me. Upon my arrival at 1410, Rick Eickel and Roy Finlay (by phone) reviewed the papers. At about 1430 Dave Brown called and said that we got an extension until 1500 and that I would have to get moving to meet our local lawyer at the courts. I arrived at 1455 and waited for Murray McGown, our lawyer, who was stuck in traffic and arrived finally at about 1510. We had a very brief conversation and then entered the courtroom. After the court was called to session, it took Mr. McGown all of about 30 seconds to take control and defend our legal right to picket peacefully. He put down the company's argument very firmly. The judge took a short recess to review everything that was presented. Upon her return, she stated that the company lawyers had failed to prove their case at this time and that she would allow the TCRC-MWED to continue picketing the Calgary Intermodal facility as they had been doing, until Wednesday May 23, when we are to return and defend our right again. She also made a brief comment about staying out of any kind of confrontations at the picket line. On the way out of the courtroom, I commented to Mr. McGown that Friday afternoons are always a great time to beat up on bad guys.

Brothers, when we started this on Wednesday, there was a 9 hour turnaround time for what usually takes about a 1/2 hour. It has settled out to about a 4 hour delay now.

This is a HUGE statement made by the courts today in our favor. It could be reversed on Wednesday but it could also continue to stand. For now we will continue status quo!!!

Keep up the good fight
Keep it clean

Stay Positive!
Stand Strong!!
Stand United!!!

Ernie Bateman
161 Local Chairman

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