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The judge decided against making an order requested by Consumers’ Co-operative Refineries Limited (CCRL) pertaining to claims of intimidation, determining “it has occurred on both sides.”

“Moreover, the parties are two weeks into this labour dispute, and I am confident based on the evidence before me that the parties are exerting more control over the conduct of their members, employees and/or contractors,” McMurtry wrote in her 32-page decision.

“In any event, and as stated in the interim order, the police are responsible for enforcing breaches of the criminal law.”

On Dec. 3, shortly after receiving strike notice from Unifor, CCRL served a 48-hour lockout notice on the union. The lockout began on Dec. 5, and union members have been picketing CCRL facilities while CCRL has made efforts to continue operating by using non-unionized employees, replacement workers and contractors.

McMurtry noted union members are entitled, during a lawful lockout, to communicate with the public about the labour dispute. But during Monday’s hearing, each side claimed the other had engaged in improper practices, intimidation tactics and even assault.

In its request for the injunction, CCRL sought to restrict any delay to traffic flow. The union argued an injunction was not warranted but, if the judge found it was, requested more time for communicating its message to those seeking to enter or leave the facilities.

McMurtry determined “individuals aligned with CCRL and Unifor have attempted to intimidate those on the other side,” and that Unifor “has engaged in activity designed to impede and/or block the traffic flow in and out of CCRL premises” — activity running “beyond what is permitted.”