Question Period Note: SECTION 107 REFERRALS

Why did the Government make referrals under section 107 of the Canada Labour Code to end disputes and remove workers’ right to strike? Will such referrals be made to resolve future disputes?

• The Government believes that negotiated agreements are always best.

• Under Section 107 of the Canada Labour Code, the Minister of Labour may do things that seem likely to maintain or secure industrial peace and promote conditions favourable to the settlement of disputes; and may refer questions to the Board and direct the Board to do certain things.

• A decision to invoke Section 107 is not taken lightly and is considered on a case-by-case basis.

Instances where Section 107 was used
• Section 107 of the Code was used on seven separate occasions in 2024:

o June 27, 2024: WestJet & Aircraft Mechanics Fraternal Association (AFMA).

o August 22, 2024: Canadian National Railway Company (CN) & Teamsters Canada Rail Conference (TCRC).

o August 22, 2024: Canadian Pacific Kansas City Railway (CPKC) & TCRC (Running Trades Employees (Group 1) and Rail Traffic Controllers (Group 2)).

o November 12, 2024: BCMEA & International Longshore and Warehouse, Union ship and dock foremen, Local 514 (ILWU 514) - West Coast Ports.

o November 12, 2024: Maritime Employers Association (MEA) vs. Canadian Union of Public Employees, Local 375 (CUPE 375) - Port of Montreal.

o November 12, 2024: Société des Arrimeurs de Québec (SAQ) vs. Canadian Union of Public Employees, Local 2614 (CUPE 2614) - Port of Quebec.

o December 13, 2024: Canada Post Corporation vs. Canadian Union of Postal Workers (CUPEW).

Judicial Review

• The Government is aware that unions have filed applications for judicial review to challenge the Government’s referrals and the Board’s decisions.

• These matters are before the courts, and that’s all that can be said right now. We’ll be watching the results closely.