An expert says a narrowly averted labour stoppage at British Columbia ports could re-emerge despite federal intervention unless the core issue of automation and its threat to union jobs is addressed.
The Canada Industrial Relations Board ordered on Sunday that the union representing ship and dock foremen at B.C. ports rescind a strike notice against DP World Canada that would have started job action on Monday.
McGill University Associate Prof. Barry Eidlin says while strike action was averted this time, the core issue of automation at the ports remains unaddressed.
The International Longshore and Warehouse Union Local 514 said in June that DP World Canada told the union it was introducing automation in the loading and unloading of cargo containers at its Centerm facility at the Port of Vancouver.
The union has been negotiating with the B.C. Maritime Employers Association on a new collective agreement, and the labour relations board ruled the strike notice was illegal because a strike vote only involved employees of DP World.
Eidlin says if the employers donB次元官网网址檛 work with the union on finding a palatable solution, it would not be surprising for the local to reach a position where itB次元官网网址檚 members can legally strike, which could come B次元官网网址渋n a few weeks or a few months.B次元官网网址�
B次元官网网址淔orcing workers back to work or trying to restrain their Charter-protected right to strike is not going to resolve the underlying issues,B次元官网网址� Eidlin says.
DP World Canada referred a request for comment to its employers association, which declined to make a statement because the automation issue will be heard by the Canada Industrial Relations Board at hearings resuming on Aug. 6.
The maritime employers had issued what it called a B次元官网网址渄efensive actionB次元官网网址� in response to Local 514B次元官网网址檚 strike notice, threatening to lockout all of the unionB次元官网网址檚 members at companies represented by the association if the strike against DP World Canada went ahead.
The industry-wide lockout notice across at B.C.B次元官网网址檚 ports was rescinded following the boardB次元官网网址檚 decision on the strike notice against DP World Canada.
Strike action in 2023 by thousands of workers shut down most of B.C.B次元官网网址檚 ports for 13 days, freezing billions in trade at the docks.
Eidlin says the persisting tensions at B.C. ports between employers and workers appear to be a continuation of animosity from last yearB次元官网网址檚 dispute between the employers and the longshore union.
Eidlin says both the strike last year and the current labour dispute have shown port employers are taking a B次元官网网址渕ore aggressiveB次元官网网址� tone with the unions, which are historically willing to threaten job action and may be viewed by some as B次元官网网址渃ombative.B次元官网网址�
He says if the unionB次元官网网址檚 allegation that DP World was B次元官网网址渦nilaterallyB次元官网网址� imposing work conditions without consulting workers is true, the localB次元官网网址檚 decision to issue a strike notice may have been seen as B次元官网网址渢he only option they have available.B次元官网网址�
B次元官网网址淭hese are life-or-death issues both in terms of the substance, in the sense that port automation is a core issue that is going to have dramatic effects on workersB次元官网网址� lives B次元官网网址� and in terms of the form, in the sense that allowing employers to implement unilateral changes in working conditions is a grave violation of core principles of how collective bargaining should work.B次元官网网址�
Liam McHugh-Russell, an assistant professor at Dalhousie University, agrees that another strike notice in the ongoing labour dispute is possible if the core questions of automation arenB次元官网网址檛 addressed between employers and employees.
But he says he isnB次元官网网址檛 worried about the tone of labour relations deteriorating at B.C. ports, as the strike and lockout notices are an indication that the negotiation process is working as intended.
B次元官网网址淭he union is specifically concerned about the practices of one employer, but given the structure of the bargaining relationship and the structure of the (labour code), itB次元官网网址檚 not within their power to bargain or negotiate directly with that single employer,B次元官网网址� McHugh-Russell says.
B次元官网网址淕iven the issue is with one employer, it makes sense that they may give that a try,B次元官网网址� he says of the latest strike notice. B次元官网网址淭hey were pushing against the boundaries of the (labour code) B次元官网网址� and certainly, there was significant risk of disruption.B次元官网网址�
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