Minister O'Regan appoints Industrial Inquiry Commission on longshoring disputes at Canada's West Coast ports

GATINEAU, QC, April 22, 2024 /CNW/ - The Government of Canada believes in collective bargaining. We believe that the best deals are made at the table. It can be tough, messy work. But it's how we deliver stability and certainty in our supply chains.

Disputes, including strikes and lockouts, are a part of that process. This past summer, however, Canadians experienced an economic disruption that no single dispute should be responsible for. Our ports are vital to our supply chains, and the scale of the disruption was a burden on the many businesses and workers that depend on them. They deserve long-term solutions. They deserve answers.

Today, Minister of Labour Seamus O'Regan Jr. announced the appointment of an Industrial Inquiry Commission on the underlying issues in longshoring labour disputes at Canada's West Coast ports. The Commission will be chaired by Vincent Ready and will include Amanda Rogers as a Member of the Commission. The Commission will soon begin meeting with stakeholders and reviewing consultation submissions from relevant parties. The Commission will present its findings and recommendations in a report to the Minister in Spring 2025.

As a seasoned mediator and arbitrator, Vincent L. Ready began his career in labour relations in 1965 and has served in his private practice since 1982. He practices in every province and territory across Canada and has case experience in employment, labour/unions, and workplace rights. Throughout his career, he has mediated or arbitrated over 7000 labour and commercial disputes in Canada and is named in over 600 collective agreements. He has facilitated the establishment of new workplace relationships in various industries and is a member of the Arbitrators Association of British Columbia and the Register of Arbitrators under the British Columbia Labour Relations Code. He was awarded the W.P. Kelly Award for Lifetime Achievement as a Labour Mediator and the Bora Laskin Award for his contributions to Canadian labour law.

Amanda Rogers is an arbitrator, mediator, and lawyer who specializes in resolving workplace disputes. She has been appointed as an arbitrator across Canada, including in British Columbia, Saskatchewan, the Northwest Territories, Nunavut, and under federal jurisdiction, publishing numerous decisions and settling many cases through mediation. Amanda is on the roster of arbitrators in BC and is named in numerous collective agreements across the country. She also acts as an external adjudicator for the Canada Industrial Relations Board. Amanda has previously been appointed as an Industrial Inquiry Commissioner for the Government of British Columbia, publishing a report with recommendations on changes to union successorship rights in BC's forest industry. She has also worked as Independent Reviewer for the Government of Yukon. Amanda has a Bachelor of Arts (BA) and Juris Doctor (JD) from University of Toronto and a Master of Laws (LLM) in Dispute Resolution from Osgoode Hall Law School.

The goal of this Inquiry is stability. Canada is a reliable trading partner to the world. That is a good thing for every employer and worker in this country. But our credibility depends on the stable operation of our supply chains. We must do everything we can to preserve that stability.

Quote

"The workers and businesses that depend on our West Coast ports deserve long-term solutions. They deserve solutions that respect the collective bargaining process. They deserve stability and certainty in our supply chains."

? Minister of Labour and Seniors, Seamus O'Regan Jr.

• In August 2023, the Minister of Labour committed to initiating a process under section 106 of the Canada Labour Code to examine the structural issues underlying the longshoring labour dispute at our West Coast ports, as well as similar disputes that have occurred in ports across Canada.
• In October 2023, independent industrial relations experts Anthony Giles and Kevin Banks were contracted to identify the key questions that need to be answered and propose terms of reference for a more comprehensive review. They concluded that the West Coast ports represent a unique case study that requires deeper examination. These findings will help inform the Commission's work.
• The appointment of an Industrial Inquiry Commission is made pursuant to the Minister of Labour's authority under section 108 of the Canada Labour Code.
• Budget 2024 affirmed the Government's commitment to this important undertaking by proposing to provide $3.1 million over two years, starting in 2024-25, to enable the Labour Program at Employment and Social Development Canada to complete the next phase of this review, which will explore long-term solutions to minimize labour disputes, respect the collective bargaining process, and secure the stability of Canada's supply chains. This funding would be sourced from existing departmental resources.

Associated Links

• •   Backgrounder: Industrial Inquiry Commission Terms of Reference
  •   Statement by Minister O'Regan, August 2023
  •   Statement by Minister O'Regan, October 2023

Follow us on X (Twitter)

The Minister of Labour, pursuant to the provisions of section 108 of the Canada Labour Code, appoints Mr. Vincent Ready and Ms. Amanda Rogers as an Industrial Inquiry Commission to:

Examine with the active involvement of the parties, the structure, and the processes of collective bargaining between the British Columbia Maritime Employers Association (BCMEA) and the International Longshore and Warehouse Union (ILWU) Canadian Area, including but not limited to:

(1) the unique application of geographic certification on the West Coast;
(2) their coverage of employers and employees;
(3) whether a tiered bargaining structure distributing issues between central and other tables would be appropriate;
(4) whether reforms to the internal governance and decision-making structures of the parties could assist in reducing the likelihood of work stoppages; and
(5) whether there may be voluntary collective bargaining dispute resolution processes, ad hoc or standing, such as mediation-arbitration that might assist the parties in resolving recurring issues arising between them;

and recommend in a final report to the Minister of Labour whether any changes should be made and, if so, how they could be implemented, including through the application of or amendments to the Canada Labour Code provisions concerning the structures, rights, responsibilities, and obligations of parties to collective bargaining.

The final report shall be submitted to the Minister no later than beginning of May 2025.

SOURCE Employment and Social Development Canada