The Argentia Affair

Born in the dark days of 1940, the US Military Base at Argentia became a critical link for Allied Forces in the North Atlantic during World War II. Thousands of civilians joined in the successful struggle to preserve our freedoms. Given such a glorious genesis, who could have foreseen the ignominious demise lurking in the future?

Following a 1969 request by representatives of the 600 civilian employees at Argentia, the Union of National Defence Employees received exclusive recognition by the US navy in 1971, and commenced negotiations. Citing treaty arrangements, the US would accept neither bargaining for money nor Canadian Labour Law. Attempts at political intervention and demonstration of international precedent led to naught. By 1982 UNDE was at an impasse.

The Public Service Alliance of Canada launched a parallel battle in the courts. In 1987 the Canada Labour Relations Board found that the US could not claim immunity and thus the employees came under the Canada Labour Code. Because of the treaty and international aspects, the matter was referred to the Federal Court of Appeal.

The Federal Court stipulated in 1989 that the US could not prevent employees from being unionized under Canadian labour law. The US, in turn, decided to proceed to the Supreme Court of Canada. The whole question became academic in 1991, however, when the US decided to close Argentia by 1995.

The somewhat anticlimactic labour resolution came in 1992. The Supreme Court ruled that Canadian Labour Law did not apply to Canadian civilians working at Argentia. Apparently international treaties were more important than workers' rights in that part of Newfoundland.