Union in B.C. port dispute seeks judicial review of federal back-to-work order

The union representing British Columbia port supervisors in a dispute with their employers has applied for a judicial review of the federal labour minister's decision last month to order them back to work.

In an application dated Dec. 3, the International Longshore and Warehouse Union Local 514 says it is seeking to quash Steven MacKinnon's direction on Nov. 12 to the Canada Industrial Relations Board (CIRB) to order a resumption of port operations in B.C. after a lockout imposed by employers.

MacKinnon's order also includes a direction for the board to impose "final and binding arbitration" to resolve the dispute, which the union says violates workers' Charter rights "to meaningful collective bargaining and to strike."

The dispute between Local 514's roughly 700 members and the B.C. Maritime Employers Association resulted in a shutdown of port facilities across the province between Nov. 4 and Nov. 14, as employers locked out supervisors in response to an overtime ban by union members.

None of the accusations in the application have been proven in court.

The employers' association said it was not able to immediately respond to the application.

In the application, Local 514 and president Frank Morena say MacKinnon had not brought up the possibility of invoking Section 107 of the Labour Code or imposing binding arbitration before making the order.

Section 107 gives the minister additional powers to take action that "seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes."

Legal experts have said the language of the section is vague about what it allows a minister to do and this may be used by labour groups to challenge a minister's orders.

Last month, Local 514 filed a challenge at the CIRB questioning whether MacKinnon's order violated the rights to collective bargaining and to strike.