Judges to consider whether Nemak closing needs review
The battle over Nemak’s Windsor Aluminum Casting Plant resumed Friday in Toronto as Unifor lawyers argued for a judicial review of Ontario Labour Relations Board arbitrator Norm Jesin’s ruling allowing the company to close the facility.
The three Ontario Superior Court justices forming the panel heard arguments for three hours, but made no ruling.
“The panel told us they’d review things and get back to us,” said Unifor Local 200 president John D’agnolo, who attended the proceedings. “They didn’t give us a time frame for when they’d make a ruling.”
Unifor is arguing that Jesin made fundamental errors in his decision last November. The central pillar of Unifor’s position is that Jesin made his ruling based on the economic viability of the Windsor plant when Unifor’s argument was the case was about the sole-sourcing language in the contract.
The union contends Nemak was obligated to keep the plant open until 2022 after Local 200 members made wage concessions in their 2016 contract agreement with the Mexican-based firm.
However, Jesin ruled in favour of Nemak’s position that the company would not be in violation of its contract with Unifor by closing the Windsor plant before 2022.
The two sides had agreed to talks and binding arbitration about the plant’s future after Local 200 employees blockaded the plant for 13 days in September.
The local manufacturing facility, which had 270 employees on the job as recently as a year ago, now has 100 hourly-wage workers.
Nemak will close the plant at the end of June and move production to a new plant in Mexico.
Company officials have said the decision to close the plant was because it’s too small and inefficient and would be scheduled to operate at only about 10 per cent capacity in 2020 after a Cadillac contract is completed.
Unifor officials have vowed to fight the decision to the end, claiming it has repercussions beyond the local labour community.
“Just getting an opportunity to sit in front of the panel was important,” D’agnolo said. “It’s especially important to the workers and to keep jobs in the country.”