Canada Post Union Loses Challenge to Back-to-Work Order
The Canada Industrial Relations Board (CIRB) has rejected a constitutional challenge from the Canadian Union of Postal Workers (CUPW), ruling that the federal back-to-work order which ended the postal strike in December 2024 was lawful.
The board’s decision upholds Labour Minister Steve MacKinnon’s use of Section 107 of the Canada Labour Code, which gave the government the authority to direct the CIRB to end the strike and assume control of the arbitration process.
CUPW had argued that forcing an end to the strike infringed on workers’ Charter right to free collective bargaining, calling the use of Section 107 unconstitutional.
But the CIRB disagreed, stating that while the right to strike is essential, it is “not absolute.”
CIRB Upholds Minister’s Authority
In its ruling, the board concluded that invoking Section 107 did not violate the Charter and that the CIRB itself has no jurisdiction to review the minister’s decision to suspend the right to strike.
However, the decision was not unanimous. One of the three board members, Paul Moist, filed a dissenting opinion siding with the union.
“Section 107 was used as a tool of political expediency to avoid the parliamentary process and public debate,” Moist wrote, calling the move “reverse engineering of the highest order.”
He argued that the back-to-work directive restricted postal workers’ right to strike and undermined meaningful collective bargaining.
CUPW has also filed for judicial review in federal court, but no decision has yet been released.
A Controversial Labour Power
Unions have long criticized the federal government’s repeated use of Section 107, saying it sets a dangerous precedent and discourages genuine bargaining in federally regulated sectors.
The measure, added to the Canada Labour Code in 1984, was historically rarely used, but has become more common in recent years.
The Liberal government has invoked it to intervene in multiple high-profile labour disputes — including strikes at Air Canada, Canadian National and Canadian Pacific Railways, and at ports in Montreal and Vancouver.
In the case of Air Canada’s 2011 flight attendants’ strike, then-labour minister Patty Hajdu issued a similar order just hours after the walkout began — a move the union openly defied.
Postal Workers Vow to Continue Fight
While the CIRB ruling allows the government’s intervention to stand, the CUPW maintains that workers’ rights have been eroded.
Union officials say they will continue challenging Ottawa’s use of back-to-work orders through the courts, warning that the decision could embolden future governments to bypass Parliament when ending strikes.
For now, the 2024 Canada Post labour dispute remains a flashpoint in the national debate over workers’ rights versus government intervention.
“This isn’t just about postal workers,” one CUPW spokesperson said. “It’s about the right of every worker to strike without fear of being legislated back.”
