Maritime Employers Association v. Syndicat des débardeurs (Canadian Union of Public Employees, Local 375)

Summary:

• The case involved a judicial review of a decision by the Canada Industrial Relations Board (CIRB) regarding the Maritime Employers Association's (MEA) request under section 87.4 of the Canada Labour Code. The MEA wanted a declaration that all work by Syndicat des débardeurs members in the Port of Montreal must continue during legal strikes or lockouts to avoid serious public safety or health dangers.
• The CIRB disagreed with MEA, finding that section 87.4 did not require all work to continue during strikes or lockouts. The Court of Appeal upheld this decision, rejecting MEA's judicial review application.
• The court did not specify a total amount of costs or award ordered

Key Points:

• Section 87.4 of the Canada Labour Code: This section is designed to ensure public safety and health by maintaining essential services during strikes or lockouts.
• CIRB Decision: The Board found no immediate and serious danger to public safety or health that would necessitate keeping all port operations running during strikes or lockouts.
• Court of Appeal Ruling: The Court agreed with the CIRB, emphasizing that MEA had not demonstrated a direct threat to public safety or health that would justify the maintenance of all activities during a strike or lockout.
• Mootness of the Application: The case was not rendered moot by subsequent back-to-work legislation (Port of Montreal Operations Act, 2021) since the union had challenged the legislation, and its outcome could potentially reactivate the dispute.