The Canadian Union of Postal Workers (CUPW) has lost its challenge against a government back-to-work order that ended last year’s national postal strike.
The Canada Industrial Relations Board (CIRB) ruled that Labour Minister Steve MacKinnon’s decision to use Section 107 of the Canada Labour Code to halt the strike and move the dispute to arbitration was constitutional.
The board found that while the right to strike is “essential,” it is not absolute, and that the minister’s directive did not violate the Charter of Rights and Freedoms.
Board upholds minister’s authority
On Dec. 13, 2024, MacKinnon exercised his authority under Section 107 to direct the CIRB to end the postal workers’ strike and assume arbitration duties. CUPW argued the order unlawfully restricted workers’ right to strike, but the board rejected that claim.
The CIRB also said it lacked authority to review the minister’s direction, a point that effectively closed the constitutional argument before the board.
However, one member dissented. Paul Moist, in a minority opinion, called the government’s use of Section 107 “reverse engineering of the highest order,” arguing it bypassed the parliamentary process and public debate.
“Section 107 was used as a tool of political expediency,” Moist wrote, adding that the order violated workers’ Charter right to meaningful collective bargaining.
Union weighs next steps
CUPW has also filed for judicial review in federal court, though no ruling has been issued. The CIRB said both parties were notified on Aug. 13, the day the decision was finalized, with the public release delayed until translation was complete.
Growing debate over government intervention
The Liberal government’s repeated use of Section 107 has drawn criticism from labour groups, who argue it sets a dangerous precedent and discourages genuine bargaining in federally regulated industries.
The provision, part of the Canada Labour Code since 1984, has been invoked several times in recent years to end high-profile strikes — including those involving Air Canada flight attendants, railway workers, port employees, and Canada Post itself.
While the government says the clause ensures continuity of essential national services, unions maintain it erodes the right to strike and shifts power away from workers.
