The Canada Industrial Relations Board (CIRB) has dismissed a challenge from the Canadian Union of Postal Workers (CUPW) that a federal back-to-work order was unconstitutional.

On December 13, 2024, Labour Minister Steve MacKinnon invoked Section 107 of the Canada Labour Code, directing the CIRB to end the postal workers’ strike and assume control of arbitration for the labour dispute. CUPW argued the move violated striking workers’ Charter rights.

Board Decision Affirms Ministerial Authority

In its decision, the CIRB acknowledged that the right to strike is essential but clarified it is “not absolute.” The board concluded that the minister’s use of Section 107 does not violate the Charter, and also stated it lacks authority to review the minister’s directive to suspend workers’ right to strike.

However, the ruling was not unanimous. CIRB member Paul Moist issued a dissenting opinion, siding with the union. Moist described the minister’s action as “reverse engineering of the highest order”, arguing that Section 107 was used “as a tool of political expediency to avoid the parliamentary process and public debate.” He contended the back-to-work order restricted the workers’ right to strike, infringing their Charter-protected right to meaningful collective bargaining.

CUPW has also filed for judicial review, but the federal court has yet to issue a decision.

Unions Criticize Section 107 as Overused

Labour unions continue to criticize repeated government interventions using Section 107, arguing the practice undermines collective bargaining and sets a dangerous precedent for federally regulated workers. They claim employers may be less incentivized to negotiate in good faith, while the government’s ability to end strikes is increasingly politicized.

The CIRB informed parties of its decision on August 13, with a public release on Thursday after translations were completed.