Titan Tool and Die is requesting an injunction from the Superior Court of Justice to prevent Local 195 from blocking their transport again.
On Monday, members parked an SUV in front of a transport truck at the factory on Howard Avenue.
Union leaders said there was a piece of stamping equipment – used to make automotive parts – loaded on the truck bound for Titan’s factory in Michigan.
A lawyer for the company said Thursday in court Titan is “contractually” obligated to give the equipment back to the company that owns its.
“It doesn’t matter when, the tools have to go back,” Titan lawyer Dante Gatti said.
“No party can interfere with that.”
Court learned Thursday equipment from Autokiniton did leave the factory and get across the border early Monday morning.
Tools belonging to Toyo Seat USA were blocked by the union later that day.
“This is not a labour dispute,” Gatti said Thursday.
“This is a property dispute.”
Unifor members left the factory after Titan agreed to put the Toyo equipment back in the factory.
Police ‘ineffective’
A second Titan lawyer, Jeff Patterson, explained the court can grant an injunction if police assistance is ineffective.
Patterson noted police officers were “extremely polite”, courteous, and kept the peace but he said they were “ineffective in allowing the truck to leave the property.”
He said the union was effectively keeping the American transport truck driver “captive”.
Unifor and Titan discussions
President Emile Nabbout told CTV News earlier this week they learned through an anonymous email the company was moving the equipment to Michigan on March 31.
Discussions over the weekend, according to Nabbout, resulted in the company agreeing to a “pause” on the move.
On Monday, union members working inside the factory noticed a truck leaving, so the president asked “a skeleton crew” of members to block the next truck.
Titan Tool and Die has not responded to requests for comment from Bell Media.
Not a strike
Unifor’s lawyer Anthony Dale argued what happened on Monday was a labour dispute and not a strike.
Dale said production inside the factory continued during the seven-hour blockade.
He also told the judge Unifor members left when the company agreed to unload the tools off the transport truck and put them back inside the factory.
“What was Titan supposed to do, given their contractual obligations?” Justice Jasminka Kalajdzic asked Dale.
“I don’t have an answer for that,” he replied, noting the union has a right to protest on their members behalf.
The union told the judge it was “entirely speculative” to assume the union will block the removal of the Toyo tools on Friday, as the company has indicated they need to do.
Dale concluded his arguments by asking the judge to dismiss the motion because of lack of notice.
While the union was given two days notice of Thursday’s hearing, Dale said they did not get Titan’s legal arguments ahead of time.
Overnight decision
Justice Kalajdzic noted the time sensitive nature of both the injunction request, as well as the overall tension over trade tariffs, when telling the court, she needs the night to weigh her decision.
The judge will rule on the injunction request Friday morning.
