Grievance is between BC Maritime Employers Association, International Longshore & Warehouse Union
The Federal Court of Appeal has confirmed the absence of an active collective agreement between the British Columbia Maritime Employers Association (BCMEA ) and the International Longshore & Warehouse Union-Canada (ILWU) during the ILWU’s illegal strike, given the combined effect of the Labour Code’s applicable provisions.
In British Columbia Maritime Employers Association v. International Longshore & Warehouse Union‐Canada, 2026 FCA 136, the parties had a collective agreement that expired on Mar. 31, 2023.
BCMEA, the applicant, was the non-accredited bargaining agent for employers involved in national and international marine transportation in BC. The ILWU, the respondent, was the bargaining agent for longshore employees at Canadian West Coast ports.
On Nov. 30, 2022, the BCMEA gave the ILWU notice to bargain for the collective agreement’s renewal. However, the parties could not negotiate a renewal agreement.
After the statutory cooling-off period’s expiration, the ILWU obtained the right to strike legally. Its members participated in a legal strike from July 1–July 13, 2023.
During the legal strike, the federal labour minister encouraged the parties to recommend to their principals settlement terms proposed by a federal mediator. The parties did so.
On July 13, 2023, while the proposal was under...
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