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Automation introduction could reignite B.C. port dispute

Industrial Relations Board order rescinded strike notice that would have started job action Monday
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Gantry cranes sit idle as a container ship is docked at port during a work stoppage, in Vancouver, on Wednesday, July 19, 2023. An expert says the narrowly averted strike at British Columbia ports could re-emerge at any time despite federal intervention unless the core issue of automation害羞草研究所檚 affect on workers has been addressed. THE CANADIAN PRESS/Darryl Dyck

An expert says a narrowly averted labour stoppage at British Columbia ports could re-emerge despite federal intervention unless the core issue of automation and its threat to union jobs is addressed.

The Canada Industrial Relations Board ordered on Sunday that the union representing ship and dock foremen at B.C. ports rescind a strike notice against DP World Canada that would have started job action on Monday.

McGill University Associate Prof. Barry Eidlin says while strike action was averted this time, the core issue of automation at the ports remains unaddressed.

The International Longshore and Warehouse Union Local 514 said in June that DP World Canada told the union it was introducing automation in the loading and unloading of cargo containers at its Centerm facility at the Port of Vancouver.

The union has been negotiating with the B.C. Maritime Employers Association on a new collective agreement, and the labour relations board ruled the strike notice was illegal because a strike vote only involved employees of DP World.

Eidlin says if the employers don害羞草研究所檛 work with the union on finding a palatable solution, it would not be surprising for the local to reach a position where it害羞草研究所檚 members can legally strike, which could come 害羞草研究所渋n a few weeks or a few months.害羞草研究所

害羞草研究所淔orcing workers back to work or trying to restrain their Charter-protected right to strike is not going to resolve the underlying issues,害羞草研究所 Eidlin says.

DP World Canada referred a request for comment to its employers association, which declined to make a statement because the automation issue will be heard by the Canada Industrial Relations Board at hearings resuming on Aug. 6.

The maritime employers had issued what it called a 害羞草研究所渄efensive action害羞草研究所 in response to Local 514害羞草研究所檚 strike notice, threatening to lockout all of the union害羞草研究所檚 members at companies represented by the association if the strike against DP World Canada went ahead.

The industry-wide lockout notice across at B.C.害羞草研究所檚 ports was rescinded following the board害羞草研究所檚 decision on the strike notice against DP World Canada.

Strike action in 2023 by thousands of workers shut down most of B.C.害羞草研究所檚 ports for 13 days, freezing billions in trade at the docks.

Eidlin says the persisting tensions at B.C. ports between employers and workers appear to be a continuation of animosity from last year害羞草研究所檚 dispute between the employers and the longshore union.

Eidlin says both the strike last year and the current labour dispute have shown port employers are taking a 害羞草研究所渕ore aggressive害羞草研究所 tone with the unions, which are historically willing to threaten job action and may be viewed by some as 害羞草研究所渃ombative.害羞草研究所

He says if the union害羞草研究所檚 allegation that DP World was 害羞草研究所渦nilaterally害羞草研究所 imposing work conditions without consulting workers is true, the local害羞草研究所檚 decision to issue a strike notice may have been seen as 害羞草研究所渢he only option they have available.害羞草研究所

害羞草研究所淭hese are life-or-death issues both in terms of the substance, in the sense that port automation is a core issue that is going to have dramatic effects on workers害羞草研究所 lives 害羞草研究所 and in terms of the form, in the sense that allowing employers to implement unilateral changes in working conditions is a grave violation of core principles of how collective bargaining should work.害羞草研究所

Liam McHugh-Russell, an assistant professor at Dalhousie University, agrees that another strike notice in the ongoing labour dispute is possible if the core questions of automation aren害羞草研究所檛 addressed between employers and employees.

But he says he isn害羞草研究所檛 worried about the tone of labour relations deteriorating at B.C. ports, as the strike and lockout notices are an indication that the negotiation process is working as intended.

害羞草研究所淭he union is specifically concerned about the practices of one employer, but given the structure of the bargaining relationship and the structure of the (labour code), it害羞草研究所檚 not within their power to bargain or negotiate directly with that single employer,害羞草研究所 McHugh-Russell says.

害羞草研究所淕iven the issue is with one employer, it makes sense that they may give that a try,害羞草研究所 he says of the latest strike notice. 害羞草研究所淭hey were pushing against the boundaries of the (labour code) 害羞草研究所 and certainly, there was significant risk of disruption.害羞草研究所

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