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Instrument directing the CIRB to conduct a vote at Canada Post

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IN THE MATTER OF THE CANADA LABOUR CODE (PART I – INDUSTRIAL RELATIONS) DISPUTE BETWEEN THE CANADA POST CORPORATION AND TWO BARGAINING UNITS REPRESENTED BY THE CANADIAN UNION OF POSTAL WORKERS: RURAL AND SUBURBAN MAIL CARRIERS (HEREINAFTER CALLED “CUPW RSMC”) AND URBAN POSTAL OPERATIONS UNIT (HEREINAFTER CALLED “CUPW UPO”)

WHEREAS I, as the Minister of Employment and Social Development (styled as the Minister of Jobs and Families), shall, pursuant to subsection 18(3) of the Department of Employment and Social Development Act, exercise the powers and perform the duties and functions of the Minister of Labour;

WHEREAS section 108.1 of the Canada Labour Code (Code) provides that the Minister of Labour may direct a vote of the employees in a bargaining unit to accept or reject an offer of an employer last received by a trade union in respect of all matters remaining in dispute between the parties, subject to the terms and conditions that the Minister of Labour considers appropriate, and may designate the Canada Industrial Relations Board (CIRB) to be in charge of conducting that vote;

WHEREAS the collective agreements between the Canada Post Corporation and the Canadian Union of Postal Workers (CUPW) expired on December 31, 2023, for CUPW RSMC and on January 31, 2024, for CUPW UPO, and the parties have been bargaining the terms and conditions of their collective agreements since November 9, 2023, and were working with the Federal Mediation and Conciliation Service (FMCS) between August 2024, and May 2025;

WHEREAS the Canada Post Corporation and CUPW have a history of fractious bargaining and work stoppages, with the latter going on strike in 2018, 2011, and 1997;

WHEREAS on September 12, 2024, the parties to each respective dispute reached an agreement on the maintenance of activities, ensuring the delivery of certain social assistance cheques and the movement of live animals in the event of a strike or lockout;

WHEREAS on October 25, 2024, the union announced that 95.5 percent of CUPW RSMC membership and 95.8 percent of CUPW UPO membership voted in favour of a strike mandate;

WHEREAS on October 29, 2024, the Canada Post Corporation presented new global offers to CUPW RSMC and CUPW UPO;

WHEREAS on October 31, 2024, the former Minister of Labour met with the parties to encourage them to do the work necessary to reach agreements;

WHEREAS on November 5, 2024, CUPW RSMC and CUPW UPO presented responses to the global offers made on October 29, 2024;

WHEREAS on November 12, 2024, CUPW RSMC and CUPW UPO served strike notices, advising that strike action would commence on November 15 at 12:01 a.m. EST;

WHEREAS, the same day, the Canada Post Corporation served lockout notices to CUPW RSMC and CUPW UPO advising that a lockout would commence on November 15 at 8:00 a.m. EST. In a separate communication, the Canada Post Corporation indicated that, unless new collective agreements were reached, the current collective agreements between the parties would no longer apply as of November 15, 2024, and new terms and conditions of employment would apply for all CUPW employees (e.g., adjustments to staffing, leave provisions and benefits);

WHEREAS the parties continued to meet with the assistance of mediators from November 12 to 15, 2024, including with a special mediator that was appointed on November 14, 2024, but were unable to reach agreements;

WHEREAS on November 15, 2024, work stoppages began at Canada Post;

WHEREAS between November 18 and 27, 2024, intensive mediation took place each day and, on November 27, the special mediator decided to temporarily suspend mediation because the parties were too far apart for mediation to be successful;

WHEREAS on November 27, 2024, the former Minister of Labour met with the parties to discuss the ongoing work stoppages and temporary suspension of mediation, and to encourage them to review and modify their positions to make a deal possible. The former Minister of Labour followed up with separate calls with the parties to reiterate these points on December 1, 2024;

WHEREAS on November 29, 2024, CUPW filed an unfair labour practice complaint with the CIRB against the layoffs imposed by the Canada Post Corporation on some striking employees;

WHEREAS on December 11, 2024, with the assistance of the CIRB, the parties reached a mediated settlement regarding the unfair labour practice complaint made on November 29, 2024;

WHEREAS on December 13, 2024, the former Minister of Labour, pursuant to section 107 of the Code, directed the CIRB to:

  1. Assess the likelihood of the parties reaching negotiated agreements by December 31, 2024, in the current circumstances; and
  2. If the CIRB determines that the parties are unlikely to reach negotiated agreements by December 31, 2024, in the current circumstances, then to:
    1. order the Canada Post Corporation and all employees represented by CUPW RSMC and CUPW UPO to resume and continue their operations and duties until May 22, 2025; and
    2. extend the term of the existing collective agreements until May 22, 2025.

WHEREAS on December 15, 2024, the CIRB rendered its decision and determined that the parties were unlikely to reach an agreement by December 31, 2024, and therefore ordered an extension of the current collective agreements and a resumption of operations effective at 8:00 a.m., local time, on December 17, 2024;

WHEREAS on December 16, 2024, the former Minister of Labour appointed an Industrial Inquiry Commission (IIC) pursuant to section 108 of the Code, to examine the issues preventing the resolution of the current labour disputes and to provide recommendations on how to amend the collective agreements, any other changes to be implemented, and the structures, rights and responsibilities of the parties in collective bargaining by May 15, 2025;

WHEREAS between December 16, 2024, and May 15, 2025, the IIC carried out its mandate by holding hearings and meetings with the parties to assist them in resolving the disputes;

WHEREAS on April 30, 2025, the parties resumed negotiations with the assistance of the FMCS;

WHEREAS the IIC submitted its report on May 15, 2025, and it was shared with the parties that same day;

WHEREAS on May 16, 2025, I met with the parties separately to discuss the IIC report and the next steps in the negotiations;

WHEREAS on May 19, 2025, CUPW RSMC and CUPW UPO served notices of strike continuation to the employer, advising of its intention to exercise its right to continue the strikes that had been suspended since December 17, 2024, at 8:00 a.m. local time, by the effects of a CIRB order;

WHEREAS on May 23, 2025, at 00:01 local time, CUPW RSMC and CUPW UPO initiated an overtime ban;

WHEREAS the Canada Post Corporation tabled final offers on May 28, 2025;

WHEREAS I met with the parties separately on May 30, 2025 to discuss the ongoing labour dispute and to encourage them to review and modify their positions to make a deal possible;

WHEREAS on May 30, 2025, the Canada Post Corporation requested that the Minister direct a vote by the employees on the last offers received;

WHEREAS on May 31, 2025, CUPW proposed to submit all outstanding issues to binding arbitration. This proposal was rejected the next day by the employer;

WHEREAS On June 4, 2025, I had conversations with the parties separately to encourage them to return to the bargaining table with federal mediators;

WHEREAS on June 4, 2025, CUPW provided their input on the employer’s request to order a vote on the last offers;

WHEREAS, in order to direct a vote under section 108.1 of the Code, I must be of the opinion that it is in the public interest that all the employees in the affected bargaining units be given the opportunity to accept or reject the Canada Post Corporation’s last offers;

WHEREAS I acknowledge that as part of my assessment of whether a vote is in the public interest, I must consider the impact on the employees’ rights under section 2(d) (freedom of association) of the Canadian Charter of Rights and Freedoms (Charter) and in doing so, I must proportionally balance this right with the objective of section 108.1;

WHEREAS I acknowledge that the Government is strongly committed to free collective bargaining and the right to strike protected under section 2(d) of the Charter;

WHEREAS the parties have had opportunities to engage in collective bargaining for over one and a half years, resulting in over 200 meetings between the parties, including with the help of FMCS since August 2024;

WHEREAS the offers presented during bargaining have never been tested with the union membership;

WHEREAS I further acknowledge that I must also consider the impact of the work stoppage on the broad and long-term public interest, including affected third parties and the public at large;

WHEREAS I am concerned about the impacts this overtime ban is having on rural Canadians and businesses, seniors, and people with a disability as these groups have limited access to alternatives;

WHEREAS to facilitate the resolution of the disputes and having taken into consideration the employees’ rights under section 2(d) of the Charter, the impacts of the work stoppage, and the situation in general, I find that it is in the public interest that all the employees in the affected bargaining units be given the opportunity to accept or reject the last offers received by the Canada Post Corporation;

NOW THEREFORE I, pursuant to section 108.1 of the Code, hereby direct that votes of the employees in the affected bargaining units to accept or reject the Canada Post Corporation’s last offers received by the CUPW RSMC and CUPW UPO be held as soon as possible, and designate the CIRB to be in charge of conducting the votes, subject to the following terms and conditions:

  1. The Canada Post Corporation and CUPW RSMC and CUPW UPO and their respective members and representatives, shall cooperate with the CIRB to establish the list of persons eligible to vote on the offers;
  2. The Canada Post Corporation and CUPW RSMC and CUPW UPO, and their respective members and representatives, shall cooperate with the CIRB to determine the content of the offers of the Canada Post Corporation last received by the CUPW RSMC and CUPW UPO and to make that information available to the eligible voters;
  3. The Canada Post Corporation and CUPW RSMC and CUPW UPO shall cooperate in any manner the CIRB deems necessary to facilitate the conduct of the votes;
  4. Upon completion of the votes conducted by the CIRB, the results of the votes, including the number of ballots cast for and against the offers and the number of spoiled ballots, shall be communicated by the CIRB to the Canada Post Corporation and CUPW RSMC and CUPW UPO, the Minister of Labour and the Director General of the FMCS without delay.

 

Minister of Employment and Social Development (styled as the Minister of Jobs and Families)
June 12, 2025