Labour Board Rules Against Canada Post Union Challenge of Back-to-Work Order

A striking Canada Post worker stands at a picket line outside a delivery depot, in Burnaby, B.C., on Sept. 29, 2025. The Canadian Press/Darryl Dyck

The Canada Industrial Relations Board (CIRB) has ruled against the union representing Canada Post workers in its challenge to the back-to-work order Ottawa issued last year, saying the move did not violate the Charter.

The federal government brought an end to a strike by approximately 55,000 Canada Post employees during the busy holiday season last December using Section 107 of the Canada Labour Code to direct CIRB to order the workers back to work.

Then-Labour Minister Steven MacKinnon asked CIRB to order the postal workers to resume work and continue their operations, and their collective agreements were extended at the time to May 22, 2025.

The Canadian Union of Postal Workers (CUPW) challenged Ottawa’s move, saying it violated its right to strike under the Charter of Rights and Freedoms.

However, the board concluded that Section 107 does not violate the Charter, and said it doesn’t have the authority to review MacKinnon’s decision.

“The courts have recognized that there can be limits to the right to strike and that government intervention to end a work stoppage can be justified in certain circumstances under Section 1 of the Charter,” CIRB said in its decision.

The postal workers had been on strike for four weeks, which MacKinnon said at the time had hurt small businesses and charities during the holiday season. He said many people were also relying on Canada Post to deliver essential items like medication and official documentation.

CIRB’s decision to rule against CUPW was not unanimous, with one member of the three-person panel saying the government’s decision restricted the workers’ right to strike and interfered with their Charter rights.

Rotating Strikes

The dispute between Canada Post and CUPW is ongoing, as the two sides have been unable to reach an agreement on a new contract. The workers are currently participating in rotating strikes.

The union went on strike again on Sept. 25 as bargain talks between it and the Crown corporation failed to result in a new contract. The same day, Procurement Minister Joël Lightbound had announced changes to the postal service, including a switch to more community mailboxes and closing some rural locations.

Two weeks later, CUPW announced the switch to rotating strikes beginning Oct. 11. Canada Post said it welcomed the union’s decision, noting plans were underway for a “safe and orderly restart” of national operations.

The union said rotating strikes would “reduce hardship on postal workers” and maintain pressure on Canada Post and the government to “get back to bargaining.” It also acknowledged the rotating strikes might “slightly delay” mail delivery services, but would “keep them moving.”

The corporation said shutting down and restarting operations at various parts of its national network has challenged its ability to provide reliable service to customers, adding that all service guarantees were suspended.

Canada Post said the union’s switch to rotating strikes would not make up for the loss of business the corporation experienced during its service disruption, noting some Canadians and businesses moved to other carriers.

In an Oct. 10 news release, the Crown corporation urged CUPW to return to the bargaining table, noting it was waiting to hear back from the union about the latest Canada Post offer made on Oct. 3.

The latest offer includes compounded wage increases of 13.59 percent over four years, as well as what Canada Post called an “industry-leading defined benefit pension,” health benefits and post-retirement benefits, up to seven weeks of vacation, and a cost of living allowance.

‘First Wave of Reform’

In an Oct. 20 letter to the House of Commons committee on government operations, Lightbound responded to the committee’s report, titled “Canada’s Postal Service: A Lifeline for Rural and Remote Communities.”

Lightbound said the federal government is looking at “additional governance and structural reforms,” noting the service cuts announced on Sept. 25 were “the first wave of reform.”

While appearing before the committee on Oct. 23, Lightbound said he continues to urge both the Crown corporation and the union to “find a path forward at the bargaining table,” noting Canada Post “needs saving.”

“Given the current financial situation of Canada Post, the status quo and repeated bailouts by the federal government are not the solution,” Lightbound told MPs.

“As the minister responsible, I must ensure that the overall direction of Canada Post aligns with the government’s policies and objectives, and that implies making responsible, but at times difficult, decisions.”

Conservative MPs asked Lightbound why the Liberal government waited until now to address Canada Post’s financial situation, noting there have been recommendations, studies, and reports indicating action should have been taken sooner.

Lightbound responded that Canada Post’s financial situation was not the same 10 years ago as it is now, and letter mail has “declined substantially over the years.”

CUPW says it has been called to appear before the committee next week.

The union has had several meetings with Lightbound this month to discuss its concerns about the changes imposed on the postal service as well as the “urgent need for fair collective agreements.”

Chandra Philip, Matthew Horwood, and The Canadian Press contributed to this report.