Labour minister sends ports dispute to binding arbitration, orders end to lockouts

Workers picket at Neptune Terminal during an International Longshore and Warehouse Union labour dispute in North Vancouver earlier this month. (Ethan Cairns/The Canadian Press - image credit)
Workers picket at Neptune Terminal during an International Longshore and Warehouse Union labour dispute in North Vancouver earlier this month. (Ethan Cairns/The Canadian Press - image credit)

Labour Minister Steven MacKinnon has sent labour disputes at ports in Quebec and British Columbia to binding arbitration and has ordered people back to work after the disputes reached what he called a "total impasse."

"I have directed the Canada Industrial Relations Board to order that all operations and duties at the ports resume and to assist the parties to settle their collective agreements by imposing final and binding arbitration," MacKinnon told a press conference in Ottawa.

MacKinnon said his decision will bring "the necessary resolutions for both workers and employers." He also ordered that the terms of existing collective agreements be extended until new agreements can be struck.

Lockouts, labour stoppages and collective bargaining disputes have been hampering shipping at the Port of Montréal, the Port of Quebec and the Port of Vancouver.

MacKinnon said contract negotiations "are not progressing toward new agreements."

The union representing roughly 1,200 dockworkers at the Port of Montreal overwhelmingly rejected an offer from the Maritime Employers Association (MEA) on Sunday; 99.7 per cent members voted against it.

The MEA responded Sunday evening by making good on its threat to lock out workers. The collective agreement for dockworkers in Montréal expired on Dec. 31, 2023.

Contract talks in the labour dispute that has paralyzed container cargo shipping at British Columbia's ports were called off Saturday after the B.C. Maritime Employers Association said "no progress" was made at the bargaining table.

Workers at container terminals across B.C. have been locked out since Nov. 4.

Workers at the Port of Quebec have been locked out for more than two years, and replacement workers have been operating the facility in the meantime - a situation MacKinnon said his government deplores.

Watch | Feds sending ports labour disputes in B.C., Quebec to binding arbitration: 

MacKinnon said he expects his decision to invoke binding arbitration will be controversial and he "welcomes that debate."

"The threat to our national interest and the economic well being of Canadians is too great," he said. "Canadians expect the parties to negotiate fair agreements and to do so quickly.

"That has not been the case here."

The minister said thousands of Canadians could be laid off in the run-up to Christmas unless the labour stoppages come to an end.

In B.C., the International Longshore and Warehouse Union Ship & Dock Foremen Local 514 called the government's move an insult to the union and to workers' bargaining rights.

"We will fight this order in the courts. We will fight the arbitrated forced contract in the courts," said Frank Morena, president of the local, in a press release.

NDP Leader Jagmeet Singh released a statement accusing Prime Minister Justin Trudeau's government of "overriding union rights."

"Justin Trudeau is again making it clear to the ports CEOs and all big corporations — being a bad boss pays off," Singh said.

"The Liberal government will always cave to corporate greed, and always step in to make sure the unions have no power … We believe the only place to get a fair deal is at the bargaining table."

WATCH | Ottawa 'falling for' employer lockout tactics by ending port disputes: CUPE president:

MacKinnon said earlier Monday that while "collective agreements that are reached at the bargaining table are the most durable agreements," he had to act because there was "no possibility, realistically, of that occurring."

The Canadian Federation of Independent Business (CFIB) issued a statement Tuesday saying it was "relieved" by MacKinnon's decision.

"But it shouldn't have come to this point, and we need to find better ways to solve labour disputes. We cannot have work stoppages paralyze Canada's supply chains every time negotiations are at an impasse," the statement said.

Bridgitte Anderson, president and CEO of the Greater Vancouver Board of Trade, told CBC News the board was relieved to see the federal government step in.

"This dispute couldn't come at a worse time, [when] we are seeing a lot of small and medium businesses waiting for their holiday shipments," she said. "To have things get back on track and to have the federal government intervene is a real relief right now."