October 2024

Port of Montreal

Longshore Workers Union (CUPE Local 375) at the Port of Montreal began a halt to all overtime work on October 10^th, putting further pressure on their employers, the Maritime Employers Association (MEA).  The union has said that scheduling remains a key issue in the bargaining sessions, which resumed last week alongside federal mediators.  The MEA, which represents shipping companies and terminal operators, says that the freeze on overtime work will have a big impact on operations.  At a meeting held on October 15^th, the Labour Minister, Steven MacKinnon, proposed the appointment of a special mediator so that parties can resume negotiations without any pressure tactics from either party for 90 days.  The MEA and the Union were to submit responses to the Minister of Labour no later than Friday, October 18^th at 5:00 p.m.

In the latest update, dockworkers at the Port of Montreal walked off the job for 24 hours on October 27th, in a bid to ramp up pressure on management amid a labour standoff.  The move comes on top of an ongoing strike on overtime shifts, and a three-day strike at two container terminals that ended earlier this month.  The action also follows a failed bid by the federal labour minister to freeze work stoppages and revamp talks via a special mediator, with contract negotiations now at a standstill.  The MEA says the pressure tactics are hurting operations and the port’s reputation.  It says it hopes for an agreement reached at the bargaining table, but that after 35 mediation meetings over 15 months the parties remain at an impasse.

British Columbia Ports

In September, the union representing foremen at BC ports, the International Longshore and Warehouse Union Ship & Dock Foremen Local 514 (ILWU Local 514), advised that their members have voted to authorize strike action if necessary, in an ongoing labour dispute with BC Maritime Employers Association (BCMEA).  Thus far, no 72 hour strike or lockout notice has been issued.  The BCMEA continues to advise that they remain committed to bargaining in good faith to seek a balanced agreement, which will recognize the hard work of the ILWU members while ensuring that BC ports remain competitive.

On October 23, the Canada Industrial Relations Board (CIRB) provided a written decision on outstanding issues between the BCMEA and the ILWU Local 514, and has found, for the third time in this round of negotiations, that Local 514 has bargained in bad faith (Canada Industrial Relations Board’s decision).  Subsequent to this, the BCMEA and the ILWU Local 514 were scheduled to meet with the assistance of the Federal Mediation and Conciliation Service (FMCS) on Tuesday, October 29, and continue as necessary on October 30 and 31.

Canadian Rail

After the decision by the Canadian Industrial Relations Board (CIRB) to impose binding arbitration on both parties on August 24^th, following an unprecedented dual work stoppage at Canadian National Railway (CN) and Canadian Pacific Kansas City (CPKC), the Teamsters Canada Rail Conference (TCRC), representing more than 9,000 rail workers at both companies, launched court challenges to this back-to-work order.  On August 29^th, the union filed four separate challenges in the Federal Court of Appeal, disputing the directive for binding arbitration and asking that the proceedings be expedited.  However, Canada’s justice system is famously slow-moving, and whoever loses the appeal is likely to take it to the Supreme Court, which means the case could take years to resolve.

On October 23^rd, CN announced that CN and the TCRC have recently agreed on an arbitrator to determine the terms of the next collective agreement.  Mediation meetings will occur over seven days in March 2025.  If a mediated settlement is not reached during those seven days, arbitration will be scheduled to take place in April.  Per the protocol negotiated between parties, the arbitrator will have sixty days to rule.  Because of the foregoing, a decision is expected before the end of Q2.

In a separate labour issue, Unifor has initiated contract negotiations with CPKC after it had previously opened negotiations with CN.  Unifor represents approximately 3,500 mechanical, clerical and intermodal employees at both railways.  On September 27^th, three days after beginning negotiations with CN, Unifor filed a notice of dispute with Canada’s labour minister, also known as “conciliation”.  On October 8^th, CN announced in a press release that the labour minister appointed three conciliators who will assist the parties with reaching an agreement.  The conciliation period will last 60 days, concluding December 2^nd, followed by a 21-day cooling-off period.  There can be no work stoppage before January 1, 2025, as the collective agreement remains in effect until December 31^st, CN officials said.

For more information, contact David Lychek, Director – Ocean & Air Services.