Canada Post Strike could have been Averted with Good Faith Bargaining

It’s starting to feel a bit predictable, but workers at another major federally regulated industry have been pushed into a labour dispute for the third time in as many months. Canadian Union of Postal Workers (CUPW) employees at Canada Post have overwhelmingly voted in favor of a strike mandate. Just weeks ago, port workers and longshoremen in British Columbia and Quebec were locked out following significant labour disagreements, and in August it was Teamsters-affiliated rail workers who were locked out. In both of those cases, the Minister of Labour forced binding arbitration on workers to resume work very quickly. Are federally regulated industries refusing to negotiate in good faith on purpose, knowing the government will do this? And what does this mean for striking postal workers?

To preface what happened in both the port and rail strikes, the Minister of Labour used the powers available to him under Section 117 of the Canada Labour Code to instruct the Canada Industrial Relations Board (CIRB) to impose binding arbitration. This is slightly different than enacting back-to-work legislation (which would require the votes of Parliamentarians) but has a similar effect. It forces the corporations to negotiate with workers through a third-party arbitrator, and whatever agreement is negotiated by the third party is binding, meaning workers go back to work with a new contract, even if their labour demands aren’t met. It is, in essence, back-to-work legislation with the edges sanded off slightly, and no vote in the House of Commons.

In Canada Post’s case, the Minister has stated recently that he’s “…not looking at any other solution other than negotiation. Right now, every day is a new day in collective bargaining and we are going to continue to support the parties in any way we can and make sure they are able to try and get a negotiated agreement.” The statement seems almost purposefully vague. Negotiations between the 55,000 striking postal workers and Canada Post is exactly what needs occur. A fair deal, negotiated between both parties, in good faith, will result in the best outcomes for the workers and for Canadians. But his statement does not indicate what kind of negotiation, and he does not seem to be ruling out binding arbitration. Those postal workers have been attempting to bargain for almost a year, and Canada Post has dug their heels in. While a special mediator has been appointed, the Minister has seemingly stopped just short of binding arbitration so far.

Like most negotiations, better pay is part of the equation, but another major stumbling block is worker safety. Postal workers have the second-highest Disabling Injury Frequency Rate in the country for federally regulated workplaces, behind only road transportation (predominantly truckers). Increased medical leave and improvements to group health benefits are also top of mind for postal workers.

The federal government has used back-to-work legislation to end postal worker strikes in the past, including in 2018, when postal workers were using rotating strikes to continue operations while still committing to job action. The then-majority government pushed forward with back-to-work legislation, undermining collective bargaining. It also happened under the previous Conservative government, with then-Labour Minister Lisa Raitt using legislation as a cudgel to force postal workers to work in 2011. The irony at that point was that postal workers weren’t even on strike, Canada Post locked workers out.

While, at the time of writing, CUPW and Canada Post remain deadlocked in their positions, it’s vital that the right to free and fair collective bargaining continue. Obviously strikes are inconvenient. That’s the point. Work action is intended to bring to light the disagreement workers have with management to demand better wages and working conditions. But because of how frequently binding arbitration has been used recently, it’s not out of the question that companies are simply refusing to come to the bargaining table and are instead trying to wait out negotiating in hopes that the federal government would force a deal. This entire issue could have been averted had Canada Post negotiated in good faith in the first place.