The union representing British Columbia port supervisors in a dispute with their employers has applied for a judicial review of federal Labour Minister Steven MacKinnonB次元官网网址檚 decision last month to order them back to work.
In an application dated Dec. 3, the International Longshore and Warehouse Union Local 514 says it is seeking to quash MacKinnonB次元官网网址檚 direction on Nov. 12 to the Canada Industrial Relations Board to order a resumption of port operations in B.C. after a lockout imposed by employers.
MacKinnonB次元官网网址檚 order also includes a direction for the board to impose B次元官网网址渇inal and binding arbitrationB次元官网网址� to resolve the dispute, which the union says violates workersB次元官网网址� Charter rights B次元官网网址渢o meaningful collective bargaining and to strike.B次元官网网址�
The dispute between Local 514B次元官网网址檚 roughly 700 members and the BC Maritime Employers Association resulted in a shutdown of port facilities across the province between Nov. 4 and Nov. 14, as employers locked out supervisors in response to an overtime ban by union members.
None of the accusations in the application have been proven in court.
The employers association says in a statement that its counsel would be responding to the application and it would not provide further comment.
In the application, Local 514 and president Frank Morena say MacKinnon had not brought up the possibility of invoking Section 107 of the Labour Code or imposing binding arbitration before making the order.
Section 107 gives the minister additional powers to take action that B次元官网网址渟eem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes.B次元官网网址�
Legal experts have said the language of the section is vague about what it allows a minister to do and this may be used by labour groups to challenge a ministerB次元官网网址檚 orders.
Last month, Local 514 filed a challenge at the Canada Industrial Relations Board, questioning whether MacKinnonB次元官网网址檚 order violated the rights to collective bargaining and to strike.
