Canada’s largest private sector union has filed a formal complaint against DHL Express Canada, alleging the shipping company violated new federal anti-scab legislation just days after it took effect.
Unifor submitted the complaint to the Canada Industrial Relations Board on Monday, calling for maximum penalties of up to $100,000 per day against DHL for allegedly using replacement workers during an ongoing labour dispute.
The union says it has documented multiple violations since the federal anti-scab law came into effect on June 20, including evidence of replacement workers being bused to facilities and the continued use of third-party contractors for deliveries.
Union seeks maximum penalties
“DHL chose to bring in scabs instead of bargaining, chose to lock out its workers, and when it failed to get permission to continue using replacement workers, it decided it operates above the law — it does not,” said Unifor National President Lana Payne.
DHL locked out more than 2,100 Unifor members at locations across Canada on June 8, prompting workers to declare strike action. The lockout affects facilities nationwide as negotiations continue over a new collective agreement.
Under the new legislation, employers in federally regulated sectors, including transportation, cannot use replacement workers during legal strikes or lockouts. The law applies to companies under federal jurisdiction, covering sectors such as airlines, railways, telecommunications and interprovincial trucking.
Evidence includes photos, tracking data
Unifor says it has submitted evidence to support its complaint, including images of busloads of replacement workers at DHL facilities near Hamilton airport and online package tracking data showing continued use of third-party contractors.
The union claims DHL had replacement workers in its facilities three days before the bargaining deadline expired, suggesting the company never intended to reach an agreement through negotiations.
As the lockout neared the implementation of the anti-scab legislation, DHL unsuccessfully sought a special exemption from the federal government that would have allowed it to continue using replacement workers.
Board must act decisively: Union
“This is about holding a powerful international corporation accountable for deliberately breaking the law,” said Unifor Quebec Director Daniel Cloutier. “The CIRB must act decisively and show that violating workers’ rights has real and serious consequences in this country.”
The Canada Industrial Relations Board will now review the complaint and determine whether violations occurred. If found guilty, DHL could face significant financial penalties under the new legislation.
The anti-scab law represents a major shift in federal labour relations, giving workers in federally regulated industries stronger protections during labour disputes. Similar legislation already exists in Quebec and British Columbia for provincially regulated workplaces.
Unifor represents 320,000 workers across Canada in sectors including automotive, aerospace, rail, shipping and manufacturing.
