The Canadian Labour Congress (CLC) is demanding Parliament remove Section 107 of the Canada Labour Code, calling the federal back-to-work provision unconstitutional after CUPE’s recent dispute with Air Canada.
The CLC said Monday that Section 107 violates workers’ Charter-protected rights to free and fair collective bargaining. The organization wants all parliamentary parties to prioritize removing the provision when MPs return for the fall session.
Constitutional concerns raised
It described Section 107 as “unconstitutional, unenforceable, and corrosive to free collective bargaining” in a statement. The CLC argued that the provision allows employers to avoid fair negotiations by relying on government intervention.
The labour congress said Prime Minister Mark Carney’s government imposed the back-to-work order in an “unprecedented and heavy-handed move to tilt the scales in the employer’s favour.” The timing of the intervention was unusual, according to the organization.
Warning to employers
The union warned other employers against relying on Section 107 in future labour disputes. The CLC said CUPE’s defiance of the order proves the provision is no longer a reliable tool for companies seeking to avoid bargaining.
“Any employer thinking of leaning on Section 107 in the future should think twice — it’s a crutch that just snapped,” the labour congress stated.
Parliamentary action sought
The CLC is calling Section 107 a failed mechanism that undermines the collective bargaining process. The congress argued that protecting workers’ Charter rights should never be optional and that deals should be made at the bargaining table.
The organization said the recent events demonstrate that collective agreements come through negotiation, not government-imposed orders. Parliament should act to prevent future misuse of federal labour intervention powers, according to the congress.
