In our recent bulletins, we have talked a lot about sections 107 and 108 of the Canada Labour Code. These were the sections of the Code that the Government invoked to end our strike and force us to return to work last December. Unlike the back-to-work legislation we have been subject to in the past, the section 107 order was not debated or voted on in Parliament. The Liberal government made this decision alone.
We would like to give members a better understanding of sections 107 and 108 of the Code as well as the terms of reference the Minister of Labour Steven MacKinnon has given to Commissioner Kaplan to carry out the Industrial Inquiry Commission.
Section 107
Prior to this summer, section 107 was little known and rarely used. It was not until August 2024, when the Minister of Labour used section 107 to order the Canada Industrial Relations Board (CIRB) to end strikes/lockouts at two railways, that the labour movement started to take notice.
The Liberal Government’s use of section 107 to end strikes is deeply troubling and totally unacceptable. The Government claims that section 107 gives it the power to do just about whatever it wants to “secure industrial peace” – including overriding workers’ hard-fought Charter rights. This raises an obvious question: If the Government can get away with ending a strike using section 107, what else does it think it can do?
The Union is challenging the section 107 order before the CIRB given that our most basic rights to bargain and to strike are under threat by the Government.
Section 108
Minister of Labour Mackinnon appointed Commissioner William Kaplan under section 108 to carry out an Industrial Inquiry Commission. This section allows the Minister to “appoint a commission” to investigate and report on any “dispute or difference between any employer and employees.”
The Commission will review Canada Post’s financial situation, possible diversification or alteration of delivery models, the Corporation’s viability as it is currently configured, as well as negotiations issues and positions, including full-time employment, health and safety and job security, and it will produce a report by May 15, 2025. Accordingly, Kaplan’s “recommendations may include amendments to the collective agreement, and any other changes to be implemented, including the structures, rights and responsibilities of the parties in the collective bargaining process.”
The Struggle Continues
The challenge before us is real. We’ll have to continue the work of organizing and mobilizing, even as our struggle shifts to a new forum.
In Solidarity!
Jan Simpson
National President
2023-2027 / Bulletin #196
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The exact wording of Section 107 and Commissioner Kaplan’s Terms of Reference can be found on the reverse side of this bulletin
Bulletin no. 196 2
January 9, 2025
Titled “Additional Powers,” section 107 of the Canada Labour Code reads:
The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary.
Kaplan Commission: Terms of Reference
• Commissioner Kaplan has been appointed to examine the current collective bargaining dispute and the position of all the parties – with special attention to the underlying causes of the dispute, and more specifically:
o The financial situation of Canada Post;
o Canada Post’s expressed need to diversify and/or alter its delivery models in the face of current business demands;
o The viability of the business as it is currently configured;
o The union’s negotiated commitments to job security and full-time employment;
o The need to protect the health and safety of employees.
The Commissioner will engage with the parties and produce recommendations for the Minister no later than May 15th, 2025.
These recommendations may include amendments to the collective agreement, and any other changes to be implemented, including the structures, rights and responsibilities of the parties in the collective bargaining process.