Toronto represents the Maritime Employers Association in Port of Hamilton labour law proceedings

Canada | June 28, 2019

Client: Maritime Employers Association


Our Toronto office was retained by the Maritime Employers Association in connection with a novel dispute arising out of the Port of Hamilton. Under a complicated representation structure, pursuant to the Canada Labour Code s.34 (5.1), all longshoring activity necessarily comes under the geographic certification of the International Longshoremen's Association, under which the Maritime Employers Association is the designated bargaining agency for employers. The dispute entailed the ongoing refusal of Parrish and Heimbecker to comply with this statutory paradigm, putting the Maritime Employers Association in a position in which it incurred considerable and unnecessary legal fees in litigation with the ILA. The matter was litigated in 2019 with extensive submissions before the Canada industrial Relations Board. The CIRB released its decision in this unique set of circumstances and agreed that the Maritime Employers Association was entitled to recovery of a certain portion of its legal costs from Parrish and Heimbecker in this regard. This is was a highly unusual dispute between an individual employer and an employer association relating to their dealings with the trade union in the Port.