Canada Post Union Loses Appeal Against Back-to-Work Order
The Canada Industrial Relations Board (CIRB) has ruled against the Canadian Union of Postal Workers (CUPW) regarding a back-to-work order. The board dismissed the union’s argument that the government’s actions were unconstitutional.
Background of the Case
On December 13, 2024, Labour Minister Steve MacKinnon invoked Section 107 of the Canada Labour Code. This directive aimed to end a postal workers’ strike and initiate arbitration for the ongoing labor dispute.
CUPW’s Constitutional Challenge
The CUPW contended that the application of Section 107 infringed upon the workers’ Charter rights. They argued that the right to strike is essential for workers but should not be undermined by government intervention.
CIRB’s Decision
In its decision, the CIRB acknowledged that while the right to strike is crucial, it is not absolute. The board found no constitutional violation in the minister’s actions.
- The CIRB lacks authority to review the minister’s directive to suspend the right to strike.
- One board member, Paul Moist, dissented, arguing the back-to-work order violated workers’ rights.
Dissenting Opinion
Moist criticized the government’s use of Section 107, describing it as a means of political expediency. He argued that this approach undermines the parliamentary process and public discourse. According to Moist, the CIRB should not facilitate an order that restricts the workers’ right to strike.
Wider Implications of Section 107
The use of Section 107 has raised concerns among unions. There are fears that it sets a concerning precedent for worker rights across federally regulated industries.
- Unions argue that Section 107 undermines meaningful negotiations between employers and workers.
- This section has seen increased use, particularly by the Liberal government.
Recent Applications of Section 107
The provision has been applied in various labor disputes, including:
- Air Canada flight attendants’ strike
- Labor actions affecting Canada’s two largest railway companies
- Disputes at ports in Montreal and Vancouver
Judicial Review Status: As of now, the CUPW has sought a judicial review, but no federal court decision has been reached.
The CIRB notified the involved parties on August 13 regarding its verdict. The decision was made public a few days later following the necessary translation.
