Law360 Canada ( October 8, 2024, 2:05 PM EDT) -- Application by International Longshore and Warehouse Union–Canada (“ILWU Canada”) to set aside Canada Industrial Relations Board (“CIRB”) July 19, 2023, order (“Order”) which declared that ILWU Canada engaged in an unlawful strike when it resumed its strike activities on July 18, 2023. ILWU Canada and the British Columbia Maritime Employers Association (“BCMEA”) bargained collectively to settle the terms and conditions of employment for almost all of the longshore employees who worked in various ports in British Columbia. BCMEA gave notice to bargain for the renewal of the collective agreement between the parties. The parties met and bargained but were unable to reach an agreement. ILWU Canada filed a notice of dispute to commence conciliation. No agreement was achieved. The Minister of Labour appointed two Federal Mediation and Conciliation Service mediators. On the same date, the 21-day cooling off commenced. ILWU Canada gave the BCMEA strike notice. ILWU Canada and its members commenced legal strike action. The Minister of Labour forwarded the Terms of Settlement to the parties. BCMEA ratified the Terms of Settlement. On July 13, 2023, ILWU Canada wrote to the Minister of Labour, stating that its bargaining committee would recommend sending the Terms of Settlement to its members and began to take down its picket lines and its members began to return to work. BCMEA issued an industry-wide notice that it was resuming operations. During the afternoon of July 18, ILWU Canada issued a news release, stating that its Longshore Contract Caucus had rejected the Terms of Settlement, and its members would be back on the picket lines a few hours later that same day. ILWU Canada advised the BCMEA that its picket lines would be going up again at 4:30 p.m. that same day. BCMEA considered the resumption of strike activities to be illegal due to the failure to provide a new 72–hour notice of strike. The CIRB determined that ILWU Canada was required to give the BCMEA a new 72–hour strike notice....