And now:[EMAIL PROTECTED] (S.I.S.I.S.) writes: KAMLOOPS INDIAN BAND DEFIES UNION Vancouver Sun, March 16, 1999, by Chad Skelton [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] A B.C. Indian band, claiming Canada's labour laws are subservient to the band's need for harmonious community relations, has adopted its own labour code. The Kamloops Indian band's labour code bans strikes, lock-outs and union dues on the reserve, saying they go against the culture and historic traditions of its people. The federal Indian affairs ministry doesn't believe the band has the authority to take such a step and has told it that federal labour legislation still applies to the band and its employees. But Chief Manny Jules said the band is planning to enforce its labour laws in defiance of the ministry. The timing of the band's "legislation," coming only months after its staff joined a union, has some labour activists suspicious. The B.C. Government and Service Employees Union organized the band's employees in early 1998 and was in the process of drawing up a first collective agreement when the band began drafting the code. The band's labour code, the first of its kind in Canada, was adopted in December 1998. It was passed unanimously by the band council and applies to the 85 employees of the band government. It does not apply to the many other private companies operating on reserve land. In a written statement Monday, B.C. Federation of Labour president Ken Georgetti said the band is "abusing the principle of self-government by trying to deny their employees many basic labour rights." He called on the band to abandon its labour code and said moving forward with it would "put at risk all the goodwill that First Nations and unions have built." Jules denied the code was an attack against unions. "This isn't a strategy to deal with the union. This is a vision for our community," he said. For example, he said the prohibition against union dues stems from a section in the Indian Act that says the property of an Indian cannot be seized against his will. Compulsory union dues violate that section, Jules said. Jules also defended the ban on strikes and lock-outs, saying the code "prohibits actions that would have the effect of dividing our community." He added: "The polarization that has happened in British Columbia, we don't want to see that happen in our community. There are other ways to deal with these matters." In a news release, the band said "strikes are an antagonistic and aggressive way of resolving differences" and the "primary purpose" of the labour code is "ensuring the unique culture of the community is observed in ... labour relations on the reserve." The code also establishes a system of affirmative action, requiring the band to give preference to qualified band members when hiring. Jules said the Kamloops reserve has an unemployment rate of about 30 per cent and only a third of the band's employees are currently band members -- something the code is designed to correct. Instead of strikes and lock-outs, Jules said, the band and its employees will resolve disputes through a special arbitration board called the Qwellelltk (pronounced Kwa-let, the Shuswap word for court). Under the code, the Qwellelltk will be composed of three people and will be independent of the chief and the band council. Qwellelltk members will serve three-year terms. Jules said the band hopes to have the court up and running by next month. The code also establishes a five-member customs advisory panel to advise the court on questions involving the oral traditions, customs and practices of the band. Renae Morriseau, a spokeswoman with the Indian Affairs department in Vancouver, said deputy minister Scott Searson notified the band in January that it did not have the authority to enact labour legislation. But Morriseau said the ministry has not decided how it will proceed now that the band has announced it is ignoring the ministry. "I'm not sure what the response would be," she said. Jules said if Indian Affairs believes the bylaw is unconstitutional, it can take the band to court. In the meantime, he said, the band is going to enforce its legislation. The Reform party's Indian Affairs critic Mike Scott (Skeena) said the Kamloops band's labour code shows how native self-government can put individual rights at risk. "Here you have a case where the band is attempting to override individual rights," Scott said. "We think the whole subject of self-government should be debated." There are 900 members of the Kamloops Indian band. The band budget of $14 million is used to operate elementary schools, day cares and social services. In 1988, Jules lead a successful campaign to give bands the authority to levy property taxes on reserves and on property leased by bands for commercial and industrial enterprises. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: SOVEREIGNTY NOT "SELF-GOVERNMENT". "Manny Jules is the biggest sell-out in the Shuswap Nation" -- Wolverine, '97 Letters to the Vancouver Sun - mailto:[EMAIL PROTECTED] In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: S.I.S.I.S. Settlers In Support of Indigenous Sovereignty P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2 EMAIL : <[EMAIL PROTECTED]> WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html SOVERNET-L is a news-only listserv concerned with indigenous sovereigntist struggles around the world. To subscribe, send "subscribe sovernet-l" in the body of an email message to <[EMAIL PROTECTED]> For more information on sovernet-l, contact S.I.S.I.S. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:
