B.C. port strike ruled ‘illegal’, labour minister says

Federal Labour Minister Seamus O’Regan says the resumption of a strike at B.C.’s ports is “illegal.”

In a tweet Wednesday morning, O’Regan said the Canada Industrial Relations Board (CIRB) ruled that International Longshore and Warehouse Union Canada “cease and desist” from taking part in strike action “because the union did not provide 72 hours notice.”

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He provided a copy of the ruling from the CIRB, which shows the board “received an application from the British Columbia Maritime Employers Association (BCMEA), seeking a declaration of unlawful strike pursuant to section 91 of the Canada Labour Code.”

The association, the CIRB says, alleges the union “engaged in an unlawful strike when it commenced” job action on Tuesday,” adding a notice was not given as is required by the law.

However, the board says the union is refuting that such notice was needed, “since there was an ongoing strike.”

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.

This strike is illegal. pic.twitter.com/y8NuxjDmR8

— Seamus O'Regan Jr (@SeamusORegan) July 19, 2023

The CIRB says it “held a hearing by teleconference and heard evidence and submissions of the parties by teleconference” on Tuesday.

“Following consideration of the submissions of the parties, the Board has determined that a 72-hour notice of the strike was required prior to commencing strike activity on June 18, 2023,” the CIRB document reads.

The board, which is an independent body, has ordered the union members “cease and desist” from taking part in strike action until appropriate notice is served. It is also ordering the union to “revoke the declaration or authorization of strike activity and give notice of such revocation forthwith to the employees to whom it was directed.”

Finally, the CIRB says members who are striking should “immediately perform the duties of their employment as per the collective agreement and applicable dispatch rules.”

B.C. port workers’ union issues strike notice: BCMEA

Following word of the CIRB’s decision, the BCMEA says the union representing B.C.’s port workers has issued “72-hour notice of renewed strike action,” effective Saturday, July 22.

“This strike notice and potential strike action will not impact employees required to service grain vessels in accordance with Section 87.7 (1) of the Canada Labour Code. It is our intention that cruise vessels will also be serviced,” the association said in an email Wednesday morning.

“The re-issuance of strike notice shows that we will be facing a repeat of actions by the ILWU Leadership that will continue to grind operations to a halt at Canada’s largest ports.”

CityNews reached out to the ILWU for comment about the CIRB’s decision. However, the union declined the request for an interview.

The BCMEA says the economy “cannot withstand another unnecessary and reckless labour disruption.”

Strike action resumed after deal rejected

Unionized workers returned to picket lines Tuesday afternoon, after the union announced it rejected a tentative agreement reached with the employer, with the help of mediators, last week.

In a release Tuesday, the BCMEA claimed the ILWU’s leadership “rejected the tentative agreement before it was even taken to a vote of the full union membership.”

In its own statement, the ILWU said its caucus “does not believe the recommendations had the ability to protect our jobs now or into the future.”

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The tentative deal struck last week came after O’Regan appointed mediators to bring the matter to a resolution.

In a statement issued Tuesday, following the resumption of strike action at the ports, O’Regan and Transport Minister Omar Alghabra expressed their disappointment, hinting that action would be taken to get goods and services flowing again.

“Workers and employers across Canada cannot face further disruption on the constructive and substantive collective bargaining process. 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 joint statement said.

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Related articles: 

• B.C. port workers back on strike after tentative deal rejected

• Tentative deal reached to end weeks-long B.C. port strike

• B.C. port strike has disrupted nearly $9B in trade: business, industry groups

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Speaking with reporters Wednesday morning, Alghabra doubled down on his displeasure, saying it was “disappointing to find ourselves where we are today.”

“I tell you, my patience has run out,” he said, noting the government was exploring all of its options. “But my patience, personal patience, has run out. Over the last couple of months of risk of disruption then 13 days of disruptions to our largest export and import gateway to the world, we really have a responsibility to act and to do something, as I said, to protect Canadians’ interest and the Canadian economy.”

Strike action first began on Canada Day, causing widespread disruptions to shipping and transportation for nearly two weeks.

About 7,400 port workers were involved at over 30 terminals and other sites across B.C., citing issues such as pay and provisions related to maintenance work, contracting out, and automation.

The employer says many of those issues are addressed in the proposed deal.

In its updated statement, the BCMEA says in addition to a 19.2 per cent wage increase over the course of four years, the deal reached last week would also have provided “an 18.5 per cent increase in their M&M retirement lump sum payment in addition to their pension, increased tool allowances, benefits, and pension contributions.”