OTTAWA — The Canada Industrial Relations Board (CIRB) has ruled against the Canadian Union of Postal Workers in its challenge to the federal government's decision to mandate that postal employees return to work. This ruling stems from a strike that occurred during the busy holiday season last year, which the government ended by invoking Section 107 of the Canada Labour Code.
The union argued that the government's intervention violated its right to strike as outlined in the Charter of Rights and Freedoms. However, the CIRB concluded that Section 107 does not infringe upon the Charter. The board also stated it lacks the authority to review the minister's decision regarding the return to work order.
In its decision, the CIRB noted, "The courts have recognized that there can be limits to the right to strike and that government intervention to end a work stoppage can be justified in certain circumstances under Section 1 of the Charter."
The decision was not unanimous. One member of the three-person panel dissented, arguing that the government's action restricted the workers' right to strike and interfered with their Charter rights.
The ongoing dispute between Canada Post and the union continues as both sides have yet to agree on a new contract. Recently, the union had declared a nationwide strike on September 25, shortly after the government announced significant changes to postal services, including the elimination of door-to-door mail delivery for most Canadian households within the next decade. However, the union later shifted to rotating strikes across the country, which allowed for the restoration of some postal services.