USW has frequently provided commentary and recommendations on issues around the maintenance of activities, government interference, and the right to strike in rail and other transportation and federal sectors. We attach and refer to our submissions of January 2023 to the Government of Canada consultation process on the maintenance of activities and we reiterate the recommendations made therein.
Since its writing in 2023, amendments to the Code included banning replacement workers and introducing time limits on the Canada Industrial Relations Board’s (CIRB) determination of maintenance of service arrangements when in dispute.
Further, as the Committee is aware, workers in rail and air transportation sectors have again faced government interference in bargaining during this time period. Federal ministers have relied on section 107 no less than seven times in 2024 alone, often so prematurely that strikes had not yet begun. Section 87.4 also continues to create hurdles and delays to efficient bargaining, most notably in rail and airport sectors as discussed below.
In considering these recent developments as well as this Committee’s review, we reiterate the settled law that the right to strike is an essential component of collective bargaining and that the right to strike must be as minimally impaired as possible for effective labour relations.
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