Postal union files lawsuit against Canada's back-to-work legislation

Canada’s postal union has filed a lawsuit challenging legislation adopted by the Canadian government during the summer to force an end to the postal strike. The Canadian Union of Postal Workers said it was seeking to assert the “fundamental right” of workers to collectively bargain for labour contracts and to go on strike.

It described the back-to-work legislation from the Conservative-led Canadian government as “heavy-handed”, and argued that removing free collective bargaining and the right to strike from federal workers would be “disastrous” for the economy, “poisoning labour relations for years to come”.

Denis Lemelin, the CUPW national president, said: “Freedom of Association is a fundamental rught. What other rights are they going to try to take fro, us if we let them get away with this one?”

He added: “This sets a very dangerous precedent for everybody who has a job, or who is going to have a job in the future.”

Back to work

CUPW represents about 54,000 members, 48,000 of whom were affected by the urban unit collective bargaining that led to June’s strike action and subsequent national lock-out.

The legislation that forced an end to the deadlock on June 28 set annual wage increases at between 1.5% and 2% for the next four years, with working conditions and other details to be decided by an arbitrator.

It also banned striking, on pain of huge fines for the union, and the locking out of employees by Canada Post.

CUPW said yesterday it has filed a lawsuit with the Federal Court, challenging the back-to-work legislation on the grounds that it conflicts with the Canadian Charter of Rights and Freedoms.

The union has retained the services of constitutional lawyer Paul Cavalluzzo to present its case.

“Postal workers are doing the right thing, not only for their union, but for the other workers who may face being legislated in the future,” said Cavalluzzo. “Few employers will negotiate in good faith when they can count on extreme government intervention to bail them out.”