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

• Negotiations between the Syndicat des débardeurs, Canadian Union of Public Employees, Local 375 and the Maritime Employers Association have been ongoing since 2018.
• Our mediation team from the Federal Mediation and Conciliation Service has been working closely with the parties since October 2018, providing extensive support to help them reach an agreement, including more than 100 days of mediated bargaining.
• However, the parties remain far apart and a complete general strike, unlimited in duration, began at 7:00 a.m. on Monday, April 26.
• The Port of Montreal as an economic hub is critical to the economic well-being of Canadians across the country, particularly those in Quebec and Eastern Canada.
• We believe in the collective bargaining process. However, the government must act when all other efforts have been exhausted and a work stoppage is causing significant economic harm to Canadians.
• That is why we have given notice of our intent to introduce legislation titled “An Act to Provide for the Resumption and Continuation of Operations at the Port of Montreal”.
• Our mediators remain in contact with the parties and I am closely following the situation.

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 include 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. However, one of the mediators has since retired.

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 requesting the recusation of one of the Board members involved in 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 in which it considered as premature the employer’s application seeking an order staying proceedings before the Board 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 at 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, expiring on March 21, 2021. The parties 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, ended and the gradual return to work of employees began on August 23, 2020 at 7 a.m.
The mediator met with the parties on October 23 and 28, November 17, 25, 26 and 27, December 3, 4, 7, 8, 9, 14, 15, 17 and 18, 2020, and January 8, 12, 13, 18, 20 and 25, 2021.
On February 4, 2021, two senior mediators from the FMCS were added to the file to further assist the parties. The mediators met with the parties on February 6, 7, 8, 10, 11 and 12.
On February 18, 2021, the union membership voted 98.12% in favour of strike action.
The mediators met with the parties on February 25, 26, 27, 28 and again on March 10, 11 and 12, 2021.
On March 2, 2021, the CIRB rejected the employer’s application for an interim order filed on
February 1, 2021, and indicated that the complaint of alleged unfair labour practice filed by the employer would be heard on the merits.
On March 12, 2021, the employer presented a final offer to the union.
On March 17, 2021, the CIRB rejected the employer’s complaint of alleged unfair labour practice filed on February 1, 2021.

The seven-month truce agreement between the parties ended on March 21, 2021.

On March 21, 2021, 99.71% of the union membership rejected the employer’s final offer presented on March 12, 2021. The parties subsequently reconvened and mediation resumed.

Mediators met with the parties on March 23, 24, 25 and 26 and again on April 1, 6, 7, 8 and 9, 2021.

On April 10, 2021, the employer gave 72 hours notice of its intention to modify conditions of employment for members of CUPE 375, as of April 13, 2021 at 7:00 a.m. Employees will no longer be guaranteed a minimum weekly income and will instead be remunerated only for hours worked.

Later in the day on April 10, 2021, the union gave 72 hours notice of its intention to no longer perform overtime, work on weekends, or participate in training as of April 13, 2021 at 6:00 p.m. However, all services will be maintained for the vessels of Océanex, Connaigra and Avalon, whether going to or coming from Newfoundland and Labrador.

On April 13, 2021, both parties implemented the measures outlined in their 72 hour notices.
Mediators met with the parties on April 13 and 15, 2021.
From April 14 to 16, 2021, the union held a vote among its membership to renew its strike mandate. The union membership voted 99.31% in favour of strike action.
On April 22, 2021, the employer advised the union that it would be invoking the provisions of the collective agreement that impose a specific shift schedule requiring workers to work the entire shift.

On April 23, 2021, the Union gave notice of its intention to stop all work at the Port beginning at 7:00 a.m. on April 26, 2021.

On April 25, 2021, the government gave notice of legislation titled “An Act to Provide for the Resumption and Continuation of Operations at the Port of Montreal.”

On April 26, 2021 at 7 a.m., the union commenced a general unlimited strike at the Port of Montreal.

The mediators are meeting with the parties on April 26, 2021.

• The 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.
• The Federal Mediation and Conciliation Service (FMCS) has been working with the parties since October 11, 2018.
• Intermittent strike action was carried out during July and August 2020.
• On August 21, 2020, the parties reached a seven-month truce agreement. The parties agreed to continue collective bargaining and to suspend the use of job action during that period.
• On February 4, 2021, two senior mediators were added to the file to further assist the parties.
• The seven-month truce period between the parties expired on March 21, 2021.
• On April 10, 2021, the employer gave 72 hours notice of its intention to modify conditions of employment for union members as of April 13, 2021 at 7:00 a.m. The employees will no longer be guaranteed a minimum weekly income and will instead be remunerated only for hours worked.
• Later in the day on April 10, 2021, the union gave 72 hours notice of its intention to no longer perform overtime, work on weekends, or participate in training, as of April 13, 2021 at
6:00 p.m. However, all services will be maintained for the vessels of Océanex, Connaigra and Avalon, whether going to or coming from Newfoundland and Labrador.
• On April 13, 2021, the employer modified the conditions of employment for union members, no longer guaranteeing employees a minimum weekly income; and the union commenced partial strike action, no longer performing overtime, work on weekends or participating in training.
• Mediators met with the parties on April 13 and 15, 2021.
• On April 21, 2021, media reported that the union offered to stop its partial strike if the MEA removed its change to the revenue guarantee for workers. The MEA had stopped paying workers when they were not working, citing reduced shipping volumes. The MEA did not agree to reverse the change, and the union continued its partial strike.
• April 22, 2021 the employer advised the union that it would be invoking the provisions of the collective agreement that impose a specific shift schedule requiring workers to work the entire shift.
• On April 23, 2021, the union gave 72 hours notice of its intention to commence strike action for an unlimited period of time on April 26, 2021 at 7 a.m. This action would result in the complete cessation of work on the territory of the Port of Montreal, including the Contrecoeur terminal.
• On April 25, 2021, the government gave notice of legislation titled “An Act to Provide for the Resumption and Continuation of Operations at the Port of Montreal.”
• On April 26, 2021 at 7 a.m., the union commenced a general unlimited strike at the Port of Montreal.