Federal Labour Minister Seamus O’Regan says a renewed strike by the International Longshore and Warehouse Union Canada is illegal after a ruling by the Canada Industrial Relations Board (CIRB).
In a tweet, O’Regan says the independent board ordered the union cease and desist any strike activity because it did not provide 72 hours’ notice.
The strike that has shut down British Columbia’s ports resumed Tuesday after the longshore workers’ union rejected a tentative mediated deal proposed by a federal mediator at O’Regan’s instruction.
The International Longshore and Warehouse Union Canada (ILWU Canada) says “employers have not addressed the cost of living issues” faced by workers in the past few years.
The Canada Industrial Relations Board (CIRB) – an independent body created to keep industrial peace – this morning ruled that the ILWU Canada cease and desist from participating in any strike action because the union did not provide 72 hours notice.<br><br>This strike is illegal. <a href=”https://t.co/y8NuxjDmR8″>pic.twitter.com/y8NuxjDmR8</a>
—@SeamusORegan
In a challenge to the renewed strike heard by the CIRB via teleconference late Tuesday, the B.C. Maritime Employers Association (BCMEA) argued the job action was unlawful.
The Canada Labour Code requires unions to give 72 hours’ notice before striking.
But the ILWU Canada argued notice was not required to begin striking again because the strike “was ongoing,” according to the statement of facts in the CIRB’s decision.
On Wednesday morning, the independent board sided with the BCMEA, ordering striking employees back to work and for the union to revoke its strike declaration, CIRB chair Ginette Brazeau wrote in her decision.
“The board has determined that a 72-hour notice of the strike was required prior to commencing strike activity on July 18, 2023,” she wrote.
Ottawa intervened to end strike, disruptions
More than 7,400 workers from the International Longshore and Warehouse Union (ILWU) originally walked off the job from July 1 until July 13 over issues including port automation, outside contracting and the increasing cost of living.
O’Regan and Transport Minister Omar Alghabra have said workers and employers across Canada cannot face further disruption and that they are looking at all options.
The ministers said they have been patient and respected the collective bargaining process, but they need the ports operating.
“The deal presented to the parties was the result of a constructive and substantive collective bargaining process,” the ministers said in a joint statement.
“It represented a fair and balanced deal. It was informed by weeks of collective bargaining and drafted by third-party mediators in the interest of both the union and the employer.”
The strike froze billions of dollars worth of cargo from moving in and out of harbours, including at Canada’s busiest port in Vancouver.
The BCMEA said the union rejected the deal without sending it to a full membership vote.
Conservative Leader Pierre Poilievre said Prime Minister Justin Trudeau must end the strike immediately because of the massive cost to workers, consumers and businesses.
“We’re calling on him to deliver a plan to end this strike within the next 24 hours,” Poilievre said.
But NDP transport critic Taylor Bachrach said it’s a part of union bargaining rights to be able to reject an agreement.
“We know that their team is ready to get back to the table right away and we encourage other parties to do the same,” Bachrach said.
“We are also renewing our call for the federal government to support the collective bargaining process, rather than resorting to the sort of back-to-work legislation that Liberal and Conservative governments have imposed far too often.”
Thousands of B.C. port workers are back on the picket line after the International Longshore and Warehouse Union’s internal caucus rejected a mediated agreement.
Calls for back-to-work legislation
Calls for Ottawa to pass back-to-work legislation to end the strike have already come from the Canadian Chamber of Commerce and the Canadian Federation of Independent Business (CFIB).
“The 13-day strike had already done significant damage to small businesses across the country and Canada’s international reputation as a dependable trading partner,” CFIB executive vice-president Corinne Pohlmann said in a statement.
“To let it carry on any further is negligent and will amplify disruptions of the supply chain.”
Robin Guy, vice-president and deputy leader, government relations, at the Canadian Chamber of Commerce, said further delay will cause the Canadian economy more harm.
“We’re calling on the government and all parties to agree to reconvene parliament and pass back-to-work legislation
immediately,” Guy said.
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