The Canada Industrial Labour Relations Board (CIRB) on Saturday ended unprecedented nationwide rail shutdowns and ordered a return to normal operations starting August 26. Both employers and the union have said they will abide by the unanimous decision. However, the union will appeal in the Federal Court of Canada.
The committee heard arguments from both sides on Friday. The union argued that the minister’s order violated its constitutional right to strike, while both employers took the position that the committee must obey the minister’s directions under section 107 of the Canada Labour Code. The committee concluded that it could not review the minister’s decision because it was within the exclusive jurisdiction of the Federal Court. It also saw no discretion to modify or reject the minister’s directions. Therefore, the committee ruled that it must obey the minister’s “directive to issue an order.”
CIRB therefore exercised its powers under the Canadian Labour Code and issued two decisions, one for each employer involved in the rail strike. In the case of CN Rail, the panel ordered that striking workers should return to work on Monday. In the case of CPKC, it ordered that the employer-imposed lockout should end and work should also resume on Monday. Binding arbitration was formally ordered in both disputes, with talks set to begin later in the week.
This emergency decree followed the Canadian government’s extraordinary intervention in the months-long labour dispute. A few hours after both railways had completely ceased operations, Labour Minister Steven Mackinnon instructed the CIRB to conduct binding arbitration, extend collective agreements and resume operations.
The CIRB is a statutory administrative body established by Parliament to resolve labour disputes. Although it performs a quasi-judicial function, it is part of the government and not a court. Accordingly, it does not have the constitutional guarantees of judicial independence that allow Canadian courts to carry out their functions independently. The CIRB has a statutory mandate to resolve labour disputes impartially in a less expensive, faster and less formal process than the courts, subject to the minister’s authority over the body.
