Court dismisses union leaders' challenge of suspensions, refers case to labour board
Former CEIU president and vice-president lose court bid to overturn suspensions before Sept. CEIU convention and elections.
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Ontario Superior Court has dismissed a legal challenge by two ousted public service union leaders, ruling the court has no jurisdiction over their dispute with the union.
Eddy Bourque and Sargy Chima, the former president and vice-president of the Canada Employment and Immigration Union (CEIU), sought to overturn suspensions that led to their removal from leadership roles. Justice Karen Perron's decision found that the appropriate forum for their case was the Federal Public Sector Labour Relations and Employment Board, not the Ontario court.
Bourque and Chima were suspended following an investigation and disciplinary process related to their actions during the 2023 PSAC general strike. On June 28, 2024, PSAC's National Board of Directors suspended both after they had supported a "no" campaign asking members to vote against a tentative agreement that ultimately ended the strike — a move that went against union rules. The pair opposed the agreement citing wage and remote-work demands.
The time sensitivity weighs heavily: if reinstated, Bourque and Chima could attend CEIU conventions as delegates and seek re-election. The CEIU triennial convention is set for mid-September, with elections to follow. Perron acknowledged the timing in her decision but ruled that the labour board had adequate remedies, including the ability to reinstate the plaintiffs in their elected positions, rescind their suspensions, and order damages for financial losses. Perron also noted the labour board could order an expedited hearing.
CEIU is the largest of 15 PSAC component unions and represents more than 32,000 members across several federal departments, including Service Canada, Employment and Social Development Canada and the Immigration and Refugee Board.
Will the Federal Public Sector Labour Relations and Employment Board order an expedited hearing before the Sept. convention?
What remedies or damages might the labour board award if it sides with Bourque and Chima?
We'll update this story as answers emerge.
The facts
Who were suspended from the Canada Employment and Immigration Union?
Eddy Bourque and Sargy Chima, the former president and vice-president of the Canada Employment and Immigration Union (CEIU), were suspended following an investigation and disciplinary process.
When was the CEIU convention scheduled?
The CEIU triennial convention was set for mid-September 2026, with elections to follow.
Why were Bourque and Chima suspended?
On June 28, 2024, PSAC's National Board of Directors suspended both after they supported a 'no' campaign asking members to vote against a tentative agreement that ended the 2023 PSAC general strike, which went against union rules.
Where will the union leaders' case be heard?
The Federal Public Sector Labour Relations and Employment Board is the appropriate forum for their case, as Ontario Superior Court found it lacked jurisdiction over the dispute.
