Unions and workers called into Supreme Court in St. John's this week because of a wildcat strike at Vale's nickel processing facility in Long Harbour over the summer have been unsuccessful in an initial attempt to get the case dismissed.
An injunction was first issued against the strike at the megaproject site July 12, but the illegal action was not ended until July 17.
The provincial Resource Development Trades Council, representing 16 unions active at the site, now faces accusations of being in contempt of the original court order.
The Operating Engineers union local is similarly accused.
Two tradesmen have also been singled out for the proceedings from hundreds who participated in the action.
Lawyers for the unions had argued there was no evidence presented to support a claim union leadership had acted inappropriately in relation to the walk-out — even if a large number of union members did act in contempt of the court.
Justice Don Burrage ruled on the motion to dismiss this morning, saying the case would not be immediately dropped, mainly referencing a procedural argument by opposing council.
Specifically, 11 affidavits have been filed by both sides — nine by the unions and two on the employers' side — and the case of the Long Harbour Employers Association was not yet closed.
The case was expected to proceed immediately with the cross-examination of witnesses, based on filed affidavits.
However, a key witness for the employers was not present at court as expected, but instead in Long Harbour as a result of confusion on scheduling.
The case has been delayed an hour, but is expected to continue at 11:30 a.m.
More to come in tomorrow's edition.