Partial strike of Port of Montreal longshore workers: court rejects employers’ request
The union indicated it would consider halting the indefinite strike if an agreement was reached on the use of shift schedules.
The Federal Labor Court has once again dismissed the Maritime Employers’ Association’s (AEM) request to declare the partial strike of dock workers at the Port of Montreal, affecting Termont, illegal.
The Canadian Industrial Relations Board (CIRB) based its decision on “res judicata,” noting it had already ruled on a similar partial strike involving the same two Termont terminals after hearing both sides on September 29.
“The only difference is that this time, the partial strike is indefinite, whereas the previous strike lasted three days in September,” the CIRB ruling noted.
The court affirmed the union’s right to strike, even partially, without violating its duty to negotiate in good faith. “The AEM’s dissatisfaction with the CIRB’s earlier decision does not justify reopening the debate on an almost identical case,” it added.
The CIRB also noted that the AEM has appealed the decision to the Federal Court of Appeal, with hearings scheduled in mid-November on other AEM requests to declare similar strikes illegal.
In its decision, the CIRB urged both parties to focus their efforts on collective bargaining to quickly reach a new agreement.
The indefinite strike, launched by the local section of the Canadian Union of Public Employees (CUPE) on October 31, only impacts the Viau and Maisonneuve terminals of Termont, involving around 320 of the 1,200 longshore workers at the port. Longshore workers have also been refusing overtime work since October 10.
Termont is targeted because of its use of a specific “shift schedule,” which has been a point of contention. The company maintains that this scheduling practice is permitted by the collective agreement.
The AEM argued that by singling out Termont, the union is undermining the collective bargaining structure, as gains affecting all employers should be negotiated with the AEM. The AEM also claimed that the union’s focus on Termont, led by the president of the AEM’s board of directors, is a sign of bad faith.
The union indicated it would consider halting the indefinite strike if an agreement was reached on the use of shift schedules.
The existing collective agreement expired on December 31, 2023, and despite ongoing mediation, little progress has been made. Disputes center around hours, work-life balance, and wages.
