In a precedent setting decision, the Canada Industrial Relations Board has ruled that the Bank of Canada broke the new anti-scab legislation by using replacement workers to try to keep operating during the PSAC Local 71250 strike. After 16 days on the picket line, this is a big win for workers and clearly demonstrates that no employer, including the government, is above the law.  

The Board found the Bank violated the Canada Labour Code by using contracted Garda workers to do the work of our striking members. The Board has ordered the Bank of Canada to stop using these replacement workers and has given them 48 hours to comply. 

This is one of the first successful complaints under Canada's new law banning replacement workers during a strike, which came into effect last year. The Bank tried to use replacement workers to blunt the impact of our strike and avoid coming back to the table, which is exactly the unfair practice this law was designed to stop. 

Our 42 members at the Bank's Ottawa office and 7 members at the Montreal office have been on strike since June 23 following the employer’s lockout of members in Montreal.  

A win for workers 

This isn't just a win for these 49 members. It's a precedent that will make it harder for any employer to break a legal strike with scabs, and it strengthens the hand of workers across the country. 

“PSAC members worked tirelessly to move the previous Liberal government to bring in comprehensive anti-scab legislation. This victory shows that no employer, even the Bank of Canada, is above the law,” said Sharon DeSousa, PSAC national president.  

"These workers have been steadfast for the past 16 days, taking action against an employer trying to take away their hard-fought protections at work." said Ruth Lau MacDonald, PSAC regional executive vice-president for the National Capital Region. "The Board's ruling is a testament to these workers' determination to stand up for their rights and makes one thing clear: employers cannot undermine a legal strike by using scabs." 

The fight isn't over 

This ruling doesn't end the strike, but the Bank has lost the tool it was using to dodge the rights of workers to apply pressure on their employer.  

The Bank of Canada is pushing for concessions that include making workers choose between maternity leave or compassionate care leave top-ups and weakening existing language on hours of work and overtime for security officers. We will not accept concessions: the employer must keep the status quo on the provisions that these members already have.  

Send a message to the Bank of Canada Board of Directors to withdraw their demands and reach a fair agreement. 

Equal protections for federal public service workers 

The Canada Labour Code provides anti-scab protections for one million federally regulated workers, and this decision shows those protections work. But more than 300,000 federal public service workers, including nearly 190,000 PSAC members, are governed by the Federal Public Sector Labour Relations Act (FPSLRA), which still allows employers to use replacement workers during labour disputes. 

This historic win is a reminder that it's time to modernize the FPSLRA. Banning replacement workers would give federal public service workers the same rights as other federally regulated workers, strengthen collective bargaining, and help ensure fairer outcomes during labour disputes. 

Change won't happen on its own. It takes workers learning about the issue, talking with their co-workers, sharing their experiences, and taking action together. Join PSAC's campaign to modernize the FPSLRA. Watch our videos to learn more, then send an email to your Member of Parliament urging them to support these long-overdue reforms.