A Canada Industrial Relations Board (CIRB) decision has ordered the Bank of Canada to stop using replacement workers during an ongoing strike by its security officers, a move that labour lawyers say could force a quick resolution to the dispute.
Benjamin Piper, a labour lawyer not involved in the case, told the Ottawa Citizen: "It wouldn't surprise me at all if you see a deal in the next few days; it's that type of thing, right?"
CIRB Ruling and Its Impact
The CIRB ruled on July 7 that the Bank of Canada's use of third-party security from Garda Canada Security Corporation and workers who crossed the picket line violated the Canada Labour Code. The code was updated last year with stricter protections against replacement workers. The bank must cease using such workers within 48 hours of the decision or by an agreed-upon time with the union.
Paul Champ, a lawyer representing the Public Service Alliance of Canada (PSAC), said he is "hopeful that the Bank comes to its senses and resolves this collective agreement within 48 hours."
Background of the Labour Dispute
The dispute began on June 23 when around 60 PSAC-represented security officers at the Bank of Canada went on strike. The key issue is scheduling rights, which workers say are essential to preserve overtime hours and work-life balance. The union also alleges the bank demanded cuts to parental leave top-up benefits. Most officers work in Ottawa, while a handful in Montreal were locked out by the bank.
During the strike, Bank of Canada employees have been working remotely, even as other federal public servants returned to the office four days a week starting July 6.
Previous Actions and Legal Challenge
Before the strike, the Bank of Canada emailed security officers asking them to continue working while retaining benefits. About five officers crossed the picket line. The bank also hired Garda Canada Security Corporation to replace striking workers, prompting PSAC to challenge both actions at the CIRB.
Piper noted the case was unsurprising, as the bank could have negotiated an essential services agreement with PSAC to avoid using replacement workers. "I'm not totally clear on what the bank thought it could get away with, because on the information here, I don't see how they possibly thought they were justified," he said.
Path to Resolution
Piper explained that when collective bargaining proceeds with both sides facing the consequences of a strike—lost income for workers and operational damage for the employer—resolutions come faster. The CIRB decision adds pressure on the Bank of Canada to reach an agreement quickly, potentially within days.
