Canada labour board orders rail workers and employers to resume operations News
Image by Michael Krämer from Pixabay
Canada labour board orders rail workers and employers to resume operations

The Canada Industrial Labour Relations Board (CIRB) Saturday ended unprecedented nationwide rail shutdowns by ordering a return to normal operations as of August 26. Both employers and union have stated they will comply with the unanimous decision, however, the union will seek an appeal to the Federal Court of Canada.

The board heard arguments Friday from both sides. The union argued that the minister’s order interfered with their constitutional right to strike, whereas, both employers took the position that the board must comply with the ministerial directions issued under section 107 of the Canada Labour Code. The board concluded that it cannot review the minister’s decision, which falls under the exclusive jurisdiction of the federal court. It also found no discretion to modify or decline the minister’s directions. As such, the board ruled that it must comply with the minister’s “order to make an order”.

CIRB thus exercised its powers under the Canada Labour Code to issue two decisions, one for each employer involved in the rail dispute. In the case of CN Rail, the board ordered the striking workers to return to work on Monday. For CPKC, the employer-led lockout was ordered to end with work to resume, also on Monday. Binding arbitration was formally ordered in both disputes, with discussions to commence later in the week.

This emergency ruling follows the Canadian government’s extraordinary intervention in the months-long labour dispute. Hours after both railways fully suspended operations, Minister of Labour Steven Mackinnon ordered the CIRB to implement binding arbitration, extend collective agreements, and resume operations.

CIRB is a statutory administrative body created by Parliament to adjudicate labour disputes. While it performs a quasi-judicial function, it forms part of government and is not a court. Accordingly, it does not have the constitutional guarantees of judicial independence that allow Canadian courts to independently perform their functions. CIRB has the statutory mandate of impartially resolving labour disputes in a less expensive, faster, and less formal process than the courts, subject to the Minister’s powers over the Board.

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