‘Do the work’: Ottawa urges both sides in B.C. port dispute to restart talks
Liam McHugh-Russell, an assistant professor at Schulich School of Law at Dalhousie University, noted that Section 107 offers vague guidance on the minister’s powers, allowing for a referral to the Labour Board to try to resolve the issue.
The federal government is calling on both parties involved in the British Columbia port dispute to resume negotiations after mediated talks to end the lockout at container terminals collapsed on Saturday.
The lockout, which is now into its second week, has disrupted operations at major ports, including Vancouver.
A statement from the office of Labour Minister Steven MacKinnon, issued on Monday, stressed the urgency of the situation and called on both the BC Maritime Employers Association (BCMEA) and the union representing over 700 longshore supervisors to “understand the urgency” and “do the work necessary to reach an agreement.” The statement emphasized that “Canadians are counting on them.”
The lockout began last week when the BCMEA announced that members of the International Longshore and Warehouse Union (ILWU) Ship and Dock Foremen Local 514 had initiated strike actions in response to a “final offer” from the employers. The union clarified that their actions involved only an overtime ban and a refusal to implement automation technology, while condemning the lockout as an excessive response.
On Saturday, both parties participated in what was meant to be up to three days of mediated discussions after MacKinnon expressed concerns about the lack of urgency in resolving the issue.
However, the union reported that the talks lasted less than an hour without reaching any agreement, accusing the employers of cutting the session short. The BCMEA, on the other hand, denied this claim, stating that the mediator ended the talks after no progress was made in separate discussions with the union and the association.
According to the employers, they entered negotiations with open minds and made a competitive offer, including a 19.2% wage increase over four years and a lump sum payment averaging $21,000 per qualified worker.
However, the union argued that the offer failed to address concerns over staffing levels due to the implementation of port automation, such as at DP World’s Centerm terminal in Vancouver.
After the breakdown in talks, the union criticized the employers for showing “flagrant disregard for the seriousness of their lockout.” Local 514 President Frank Morena called on the terminal employers to direct the BCMEA to resume negotiations. “We believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,” Morena stated.
No further negotiations have been scheduled. Under the Canada Labour Code, the labour minister or either party can request a mediator to make settlement recommendations.
The minister also has additional powers under Section 107 to take actions aimed at securing industrial peace and promoting settlement conditions, potentially involving the Canada Industrial Relations Board.
Liam McHugh-Russell, an assistant professor at Schulich School of Law at Dalhousie University, noted that Section 107 offers vague guidance on the minister’s powers, allowing for a referral to the Labour Board to try to resolve the issue.
If mediated talks fail and the parties do not reach an agreement, a legislated return to work could be mandated, which would be an exception to the typical process under the Labour Code. Parliament, which is not scheduled to sit this week, will reconvene on November 18.
At the same time, another labour dispute is affecting Montreal, Canada’s second-largest port. Employers locked out nearly 1,200 workers on Sunday night after a “final” offer was rejected, significantly reducing operations.
