Case information

Administrative law — Boards and tribunals — Judicial review — Labour relations — Picketing — Is Canada Industrial Relations Board required to demonstrate its expertise in statutory interpretation — Is Canada Industrial Relations Board entitled to greater deference when conducting expedited proceedings — Are additional strike notices consistent with a Charter protected right to strike — Whether decision by Canada Industrial Relations Board requiring 72-hours of notice before resuming suspended strike activity creates uncertainty about workers’ right to strike.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Port employees represented in collective bargaining by International Longshore and Warehouse Union – Canada conducted a lawful strike. Their bargaining unit negotiated terms for a collective agreement and submitted those terms to a union caucus with a recommendation for a membership ratification vote. The employees stopped their strike activity and normal operations fully resumed at all ports. The union caucus rejected the terms of settlement and the employees resumed strike activity that same day. The Canada Industrial Relations Board held that the union was required by the Canada Labour Code, R.S.C. 1985, c. L-2, to provide a 72-hour notice of a strike and it ordered the union to cease its re-commenced strike activities until giving a 72-hour notice. The Federal Court of Appeal dismissed an application for judicial review.