Last chance at the Port of Montreal as parties enter mediation

An aerial view shows a ship sailing through the Port of Montreal in Montreal on Thursday, Nov.14, 2024. (Christinne Muschi / The Canadian Press)

A final attempt to reach a consensual settlement is taking shape at the Port of Montreal, as the union of 1,200 longshoremen and the Maritime Employers Association have decided to enter into consensual mediation.

Federal Labour Minister Steven MacKinnon called for binding arbitration on Nov. 12 to end the labour dispute.

The dispute involved a lockout by the employer, a partial strike by 320 longshoremen at two Termont terminals, and a refusal by the longshoremen to work overtime.

On Nov. 14, the Canada Industrial Relations Board (CIRB) ruled that it did not have the power to refuse to implement the Minister's instructions. That power rests with the Federal Court. It therefore ordered the resumption of activities at the port, as directed by the Minister.

He also extended the term of the collective agreement, which expired on Dec. 31, 2023.

Since then, work has indeed resumed at the Port of Montreal -- the largest port in Eastern Canada.

A union request

The CIRB's decision also revealed that, at its Nov. 14 hearing, in a last-ditch attempt to reach an agreement rather than have a collective agreement imposed on it, the union had asked that a period of mediation be held between the parties.

"The union requested in the alternative that a period of mediation be scheduled prior to binding arbitration to assist the parties in reaching a consensual settlement of all or part of the collective agreement," the CIRB reported.

The CIRB agreed to this request by the Canadian Union of Public Employees (CUPE), affiliated with the QFL, stating that "the Board is of the opinion that it can accede to this request while respecting the ministerial directive."

The parties will therefore engage in consensual mediation for a period of 90 days, during which they will refrain from making any public statements, in order to avoid undermining this last-chance process.

The parties have agreed to appoint Gilles Charland, a man with decades of experience in the labour world.

This report by The Canadian Press was first published in French on Nov. 25, 2024.