Renewed port workers' strike is illegal, federal labour minister says

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.

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.

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.''