The Canada Industrial Labour Relations Board (CIRB) on Saturday mandated the resumption of normal rail operations, ending what has been an unprecedented nationwide shutdown. As of August 26, both employers and the union have committed to complying with this unanimous decision, though the union intends to seek an appeal to the Federal Court of Canada.
The CIRB’s decision followed arguments heard on Friday. The union contended that the minister’s order interfered with their constitutional right to strike. On the other hand, the employers argued that the board must adhere to ministerial directives issued under section 107 of the Canada Labour Code. The board concluded that it had no authority to review the minister’s decision, which falls under the jurisdiction of the federal court, and thus had no discretion to modify or decline the ministerial directives.
Consequently, the CIRB issued two decisions to enforce the return to work. For CN Rail, the ruling required striking workers to return on Monday. Similarly, for CPKC, the employer-led lockout was ordered to end with operations resuming that same day. Binding arbitration was also ordered to begin later that week in both disputes.
This emergency ruling comes after an extraordinary intervention by the Canadian government. Hours after both railways suspended operations, Minister of Labour Steven Mackinnon directed the CIRB to implement binding arbitration, extend collective agreements, and resume operations. The directive and specific rulings can be accessed through the official documentation.
The CIRB is an administrative body created by the Canadian Parliament to adjudicate labour disputes. While it operates in a quasi-judicial capacity, it does not possess the constitutional guarantees of judicial independence associated with Canadian courts. Its mandate is to resolve labour disputes expeditiously and informally, subject to the Minister’s overarching powers.