Bank of Canada Reprimanded for Using Replacement Workers During Strike

The Bank of Canada was ordered by the Canadian Industrial Relations Board (CIRB) to stop using replacement workers during an ongoing strike with security workers represented by the Public Service Alliance of Canada (PSAC). This is the second time the bank has been reprimanded for this practice.

Hugh Dyer, a senior counsel at Miller Thomson, notes that employers should not assume they can continue to operate using replacement workers during strikes, as the new legislation under section 94(4) of the Canada Labour Code restricts their use. The only exception is when there are imminent or serious threats to life, health, safety, or property.

The CIRB's decision highlights the shift in bargaining power towards unions, making it harder for employers to continue operations during strikes. Employers should prepare by identifying eligible employees who can step in and performing contingency planning well before a work stoppage occurs.