The Canada Industrial Relations Board (CIRB) has rejected a claim made by the Canada Post workers union challenging the constitutionality of a government back-to-work directive. Federal Labour Minister Steve MacKinnon utilized his authority under Section 107 of the Canada Labour Code on December 13, 2024, instructing the CIRB to halt the postal workers’ strike and take charge of arbitrating the labor dispute.
The Canadian Union of Postal Workers (CUPW) contended that the use of Section 107 to end the strike was unconstitutional, raising concerns about potential violations of the striking workers’ Charter rights. Following a hearing, the CIRB determined that while the right to strike is crucial, it is not absolute.
The board concluded that the application of Section 107 does not infringe upon the Charter. Moreover, it ruled that it lacks the jurisdiction to review the minister’s decision to suspend the workers’ right to strike. Notably, one member of the three-member board dissented, with Member Paul Moist aligning with the union and criticizing the minister’s use of Section 107 as a strategic maneuver to bypass the parliamentary process.
Moist argued that the back-to-work order impeded the workers’ right to strike, thereby violating their Charter entitlement to fair collective bargaining. Despite CUPW filing for judicial review, no verdict has been reached by the federal court yet. The CIRB disclosed the decision to the involved parties on August 13, with the public announcement following after translation was completed.
The utilization of Section 107 by the government in labor disputes has been fiercely contested by unions, who perceive it as a precedent that undermines workers’ ability to strike. They assert that this tool, frequently employed by the Liberal government, hampers meaningful bargaining in federally regulated sectors. Section 107, present in the labor code since 1984 and seldom utilized in the past, has seen a surge in usage by the current administration.
The government’s recent deployment of this provision in various labor conflicts, including those involving Air Canada, Canada’s major railway companies, Montreal and Vancouver ports, and Canada Post, has sparked significant debate and opposition from labor groups.