Montreal Dockworkers Start Mediation to Avert Government Arbitration

The Port of Montreal Longshoremen’s Union (CUPE 375) and the Maritime Employers Association have agreed to enter into a mediation process for a period of 90 days. It is the latest step to settle the long-running contract dispute while also seeking to avoid a government-imposed arbitration settlement ordered by the federal government.

Operations have been back underway at the Port of Montreal and largely back to normal according to an update from Maersk to its customers. Cargo resumed moving a week ago after Canada’s Labour Minister Steven MacKinnon stepped in to end lockouts of the dockworkers in Montreal and the foremen for the West Coast ports. MacKinnon expressed frustration at the lack of a negotiated settlement and ordered the Canada Industrial Relations Board (CIRB) to arbitrate the disputes and impose binding terms.

The Montreal longshoremen’s union initially said it would seek to challenge the order in court after highlighting that the issues in the current dispute were held over from the prior contract because of a previous government-ordered arbitration. The union local was challenging work rules and the work-life balance for its members while saying it believed an agreement on wages could be reached. The prior contract expired at the end of last year but has been extended.

CIRB refused a challenge from the union saying it did not have the authority to override the Labour Minister. It ordered the dockworkers back to work and said it would set the arbitration in motion.

“The union requested in the alternative that a period of mediation be scheduled prior to binding arbitration to assist the parties in reaching a consensual settlement of all or part of the collective agreement,” CIRB reported. The board said it could accede to the request and now both parties have confirmed that the mediation is underway. 

An experienced mediator, Gilles Charland, who is said to have “a good knowledge of the industry” agreed to lead the talks. They are scheduled to run for up to 90 days and both sides agreed that they will refrain from public statements. 

Observers are hopeful that this will lead to an agreement after several rounds of contentious contract talks in the past few years for the Port of Montreal. The union struck in 2020 and again in 2021 before a series of actions starting in September that led up to the lockout after work was stopped at two container terminals that had contracts with MSC Mediterranean Shipping Company.

Maersk in its November 25 customer update regarding Canadian operations wrote, “Most services have returned to business-as-usual, or have communicated plans of when services will return to proforma. If you still have containers pending transport due to delayed arrivals or congestion, you’ll be notified via standard arrival notices and communications.”

The West Coast union last week however filed a complaint in the Canadian courts seeking to overturn the arbitration order for its 700 members which are foremen at the ports. They are opposing automation at the terminals in their contract dispute which is also scheduled to be settled by federal arbitration.