Question Period Note: COLLECTIVE BARGAINING AT THE PORT OF MONTRÉAL BETWEEN THE MARITIME EMPLOYERS ASSOCIATION (MEA) AND THE SYNDICAT DES DÉBARDEURS, CANADIAN UNION OF PUBLIC EMPLOYEES (CUPE), LOCAL 375

Current status of the collective bargaining negotiations at the Port of Montréal between the MEA and the Syndicat des débardeurs, CUPE, Local 375

• The employer and the union have concluded a truce agreement and will work in the coming months under its parameters as they negotiate a new contract.
• Our mediation team from the Federal Mediation and Conciliation Service remains engaged with the parties and will continue to support them in their negotiations.
• Our government respects and has faith in the collective bargaining process.
• The mediation process is ongoing and I strongly encourage both parties to fully use this period to reach an agreement.
• I will continue to monitor the situation closely.

The Maritime Employers Association (MEA) has as its mission to represent all maritime stakeholders in the Ports of Montréal, Trois-Rivières/Bécancour, Hamilton and Toronto. It negotiates and administers the collective agreements to its members which, includes ship owners and/or ship operators and/or ship agents and stevedoring companies.

The MEA (the employer) and the Syndicat des débardeurs, CUPE, Local 375 (the union), are negotiating the renewal of their collective agreement which expired on December 31, 2018, covering all the employees (approximately 1,110) of all the employers engaged in the loading and unloading of vessels, and in other related work, in the territory of the Port of Montréal.

On September 4, 2018, the union served a notice to bargain to the employer and direct bargaining sessions took place on September 18 and October 18, 2018.
On October 9, 2018, the Federal Mediation and Conciliation Service received a notice of dispute from the union. On October 11, 2018, a conciliation officer was appointed and meetings were held on October 18-19 and November 1-2, 13-16 and 27, 2018.

On October 23, 2018, as the parties were unable to reach a maintenance of activities agreement, the employer filed an application with the Canada Industrial Relations Board (Board), under subsection 87.4(4) of the Canada Labour Code (Code), requesting the Board to determine any question with respect to the maintenance of activities in the event of a work stoppage.

On October 24, 2018, the union filed a complaint of unfair labour practice with the Board under section 97(1) of the Code, alleging violation by the employer of sections 50(a) and (b) (duty to bargain and not to change terms and conditions) and 94(1)(a) (employer interference in trade unions) of the Code. On December 21, 2018, the employer filed a similar complaint to the Board under section
97(1) of the Code, alleging violation by the union of section 50(a) and (b) of the Code (duty to bargain and not to change terms and conditions).

On December 11, 2018, two mediators were appointed.

On December 16, 2018, the union membership voted 99.49% in favour of strike action.

On January 1, 2019 at 00:01, the parties acquired the legal right to strike or lockout.

On August 21, 2019, the Board rendered a decision in which it rejected the employer’s application asking for the recusation of one of the Board members involved into the maintenance of activities application. On August 23, 2019, the employer filled an application for judicial review of this decision with the Federal Court of Appeal. On October 30, 2019, the Federal Court of Appeal issued a decision that it considered the employer’s application seeking an order staying proceedings before the Board to be premature in the context of ongoing Board hearings into the maintenance of activities application. The Court ruled to adjourn the application and invited the employer to make a request for a stay of the Board’s decision should the Board issue a decision unfavourable to the employer.

On December 5, 2019, the union membership voted 99.45% in favour of strike action.

The mediators met with the parties on December 11, 12, 20, 21, 2018, and January 7, 9-10,
23-25, March 26, 29, April 8, 9, 10, 23, 24, 25, May 7, 8, 9, 21, 22, June 4, 5, 6, 19, 20, July 11, 12, September 23, 24, 26, October 9, 21, 23, 24, 25, November 18, December 18, 2019, and
February 20, June 12, 15, 16, 23, 26, July 3-7, 13-15, 22-24, 29-31, August 5-7, 10-18 and 20, 2020.

On February 4, 2020, the union membership voted 99.41% in favour of strike action. On June 5, 2020, the union membership renewed its strike mandate and voted 99.1% in favour of strike action.

On June 8, 2020, the CIRB rendered its decision with respect to the application filed by the employer pursuant to section 87.4(4) of the Code on the issue of maintenance of activities in the event of a work stoppage.

From July 2, 2020 at 3:00 p.m. to July 4, 2020 at 6:59 a.m., the union held a 40-hour partial strike, which affected union members working at sections 62 and 77 of Montreal Gateway Terminals Partnership’s terminals. In addition, the union suspended the participation of union members in employer postings, as well as in any training activity, for an unlimited period.
From July 27, 2020 at 7:00 a.m. to July 31, 2020 at 6:59 a.m., the union held a four-day strike, which resulted in the complete cessation of work on the territory of the Port of Montreal, including the Contrecoeur terminal.
From August 3, 2020 at 7:00 a.m. to August 7, 2020 at 6:59 a.m., the union held a four-day strike action on the two Terminals of the Termont Company (Terminals Viau and Maisonneuve).
On August 4, 2020, the union membership voted 99.22% in favour of strike action.
On August 10, 2020 at 7 a.m., the union commenced a general unlimited strike, which resulted in the complete cessation of work in the territory of the Port of Montreal, including the Contrecoeur terminal.
On August 21, 2020, the parties reached a seven-month truce agreement, which will end on March 21, 2021. The parties have agreed to continue collective bargaining and to suspend the use of job action during that period. The general unlimited strike, which commenced on August 10, 2020, has ended and the gradual return to work of employees began on August 23, 2020 at 7 a.m.

• The Maritime Employers’ Association (MEA) and the Syndicat des Débardeurs, CUPE,
Local 375 are currently negotiating the renewal of their collective agreement covering all the employees (approximately 1,110) of all the employers engaged in the loading and unloading of vessels, and in other related work, in the territory of the Port of Montréal, which expired on December 31, 2018.
• On August 21, 2020, the parties reached a seven-month truce agreement, which will end on March 21, 2021. The parties have agreed to continue collective bargaining and to suspend the use of job action during that period. The general unlimited strike which commenced on
August 10, 2020 has ended and the gradual return to work of employees began on
August 23, 2020 at 7 a.m.
• The Federal Mediation and Conciliation Service will continue to provide mediation services to the union and the employer and the appointed mediator remains in contact with the parties and is available to meet with them.