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 don含羞草研究社檛 work with the union on finding a palatable solution, it would not be surprising for the local to reach a position where it含羞草研究社檚 members can legally strike, which could come 含羞草研究社渋n a few weeks or a few months.含羞草研究社�
含羞草研究社淔orcing workers back to work or trying to restrain their Charter-protected right to strike is not going to resolve the underlying issues,含羞草研究社� 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 含羞草研究社渄efensive action含羞草研究社� in response to Local 514含羞草研究社檚 strike notice, threatening to lockout all of the union含羞草研究社檚 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The industry-wide lockout notice across at B.C.含羞草研究社檚 ports was rescinded following the board含羞草研究社檚 decision on the strike notice against DP World Canada.
Strike action in 2023 by thousands of workers shut down most of B.C.含羞草研究社檚 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 year含羞草研究社檚 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 含羞草研究社渕ore aggressive含羞草研究社� tone with the unions, which are historically willing to threaten job action and may be viewed by some as 含羞草研究社渃ombative.含羞草研究社�
He says if the union含羞草研究社檚 allegation that DP World was 含羞草研究社渦nilaterally含羞草研究社� imposing work conditions without consulting workers is true, the local含羞草研究社檚 decision to issue a strike notice may have been seen as 含羞草研究社渢he only option they have available.含羞草研究社�
含羞草研究社淭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 workers含羞草研究社� lives 含羞草研究社� 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.含羞草研究社�
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 aren含羞草研究社檛 addressed between employers and employees.
But he says he isn含羞草研究社檛 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.
含羞草研究社淭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), it含羞草研究社檚 not within their power to bargain or negotiate directly with that single employer,含羞草研究社� McHugh-Russell says.
含羞草研究社淕iven the issue is with one employer, it makes sense that they may give that a try,含羞草研究社� he says of the latest strike notice. 含羞草研究社淭hey were pushing against the boundaries of the (labour code) 含羞草研究社� and certainly, there was significant risk of disruption.含羞草研究社�
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