In an update to members obtained by The Canadian Press, the union negotiating committee cited the Charter of Rights and Freedoms’ protection of collective action.

It also said the industrial relations board had not expressly barred strikes and lockouts while the tribunal undertook arbitration following Labour Minister Seamus O’Regan’s directive.

“Because the referral by the minister was silent on the issue, AMFA members’ constitutional right to strike must prevail,” the union committee claimed.