The use of the Canada Labour Code by the federal government to end strikes and force picketing employees back to work has been criticized by union officials and experts, who believe it has weakened the government’s ability to resolve labor disputes effectively. The recent attempt by Jobs and Families Minister Patty Hajdu to intervene in the Air Canada flight attendants’ strike and involve the Canadian Industrial Relations Board (CIRB) was met with defiance from the union representing the flight attendants.
Despite the government’s efforts to enforce compliance with the CIRB’s orders, the union stood firm, insisting on continued negotiations with Air Canada. CUPE national president Mark Hancock stated that the union’s refusal to back down ultimately led both parties to return to the negotiating table and reach an agreement to end the strike that had commenced on August 16.
Section 107 of the Canada Labour Code, which grants federal labor ministers the authority to intervene in labor disputes and mandate arbitration, has been utilized more frequently by the Liberal government in recent times. This has sparked concerns among labor leaders like Hancock, who believe that the government’s reliance on Section 107 is proving ineffective in resolving complex bargaining situations.
Canadian Labour Congress president Bea Bruske criticized the government for overusing Section 107, suggesting that it has emboldened the labor movement and undermined the authority of the CIRB. Despite potential fines for non-compliance, legal experts like Gilles LeVasseur highlighted the challenges in enforcing CIRB orders without court intervention.
The failure of Section 107 has prompted discussions within the labor movement to advocate for its removal from the labor code. Bruske emphasized the need for collective action to address this issue when Parliament reconvenes. Meanwhile, concerns have been raised about the potential violation of Charter-protected rights by bypassing parliamentary debate through Section 107 directives.
Moving forward, stakeholders in the labor movement aim to collaborate to prevent the misuse of Section 107 and uphold the rights of workers during collective bargaining processes.
