The Canada Industrial Relations Board (CIRB) has rejected claims by the Canada Post workers union that a government directive to end a strike was unconstitutional.
Federal Labour Minister Steve MacKinnon utilized his authority under Section 107 of the Canada Labour Code on Dec. 13, 2024, directing the CIRB to halt the postal workers’ strike and handle arbitration of the labor dispute.
The Canadian Union of Postal Workers (CUPW) contended that using Section 107 to halt the strike was unconstitutional, questioning potential violations of workers’ Charter rights.
After a hearing, the CIRB determined that while the right to strike is crucial, it is not absolute. The board ruled that the use of Section 107 did not infringe upon the Charter and lacked the mandate to review the minister’s decision to suspend the workers’ strike right.
A dissenting member of the three-member board, Paul Moist, aligned with the union, criticizing the minister’s application of the labor code as manipulative. Moist argued that Section 107 was wielded for political expediency, bypassing parliamentary procedures and public discourse.
CUPW pursued a judicial review, awaiting a federal court verdict. The CIRB informed involved parties of its decision on Aug. 13, with public disclosure following translation availability.
The contentious use of Section 107 has faced opposition from unions, who view it as a problematic interference in labor disputes, jeopardizing workers’ strike rights. This legislative tool, frequently employed by the Liberal government in strike interventions, is accused of hindering meaningful negotiations and impairing the government’s strike resolution capabilities.
Section 107, in existence since 1984 but seldom invoked, has seen increased utilization by the Liberal government in recent times. Notably, it was invoked by former Labour Minister Patty Hajdu to end the Air Canada flight attendants’ strike shortly after its commencement, a directive disregarded by the union.
Apart from the Air Canada case, the government has applied this provision in disputes involving Canada’s major railway companies, port operations in Montreal and Vancouver, and Canada Post.