Will they or won’t they? No solution to possible rail strike in Canada

“Under the Canadian Labour Code, the comprehensive strike mandate given by members is valid for 60 days and expires on June 30. It is clear that we cannot rely on a timely resolution to these unfortunate circumstances and must protect our rights regardless of the outcome. Therefore, the TCRC will hold another strike vote beginning Friday, June 14, which will continue until June 29. The vote will again be electronic and received via email. We are very confident that this can be a quick process with a shorter turnaround time, as preparation and hard work was already done for the first vote. This will ensure that the TCRC is prepared for any situation and can respond accordingly.” On June 29, the union announced that nearly 10,000 workers at CN and CPKC voted to reauthorize strikes at both companies if negotiated solutions cannot be reached.

“CN and CPKC are trying to force changes to our collective bargaining agreements that would roll back working conditions and safety on the rails. The Teamsters are trying to stop them from doing so. With the renewed strike mandate, we intend to return to the bargaining table, work with federal mediators and do everything in our power to get a fair deal for our members and protect all Canadians,” said TCRC President Paul Boucher.

On July 12, 2024, the Canadian Industrial Relations Board (CIRB) informed the CN and CPKC of the timing of their decision regarding the referral of the essential services issue to the Minister of Labour.

The CIRB informed CN and CPKC that they intend to make this decision by August 9, 2024, and that they will provide a further update in the event that no decision is made by August 9. The CIRB has indicated that it will make a decision without oral hearings.

In response, the CN stated on its website: “We recognise that the lengthy negotiations create uncertainty and we are working to provide as much predictability as possible for our employees, customers and partners. No work stoppage can occur until either party provides the required 72-hour notice following announcement of the CIRB’s decision, subject to any extension of the cooling-off period that may be ordered by the CIRB.”

“Since the beginning of negotiations, our goal has been and remains to negotiate in good faith with the TCRC to reach a mutually beneficial agreement that ensures safety and stability for our team, our customers and North American supply chains.”

CPKC also responded, stating on its website: “This development adds some predictability to the timelines for a possible work stoppage, as the parties cannot legally strike or lockout until the CIRB has announced its decision. In any event, a legal strike or lockout would require a minimum of 72 hours’ notice, subject to any extension of the cooling-off period ordered by the CIRB. We have asked the CIRB to extend the cooling-off period by 30 days. We know that supply chain stakeholders want certainty and predictability regarding a possible work stoppage. For this reason, CPKC has also proposed to the TCRC to resolve this labour dispute through binding arbitration.”

The TCRC website states: “Workers are on the defensive in these negotiations, with both companies demanding a series of concessions on issues such as workforce scheduling, working hours and fatigue management. The stumbling blocks are the companies’ demands, not the unions’ proposals.”

“CPKC aims to remove all safety-critical fatigue provisions from the collective agreement. The end result will mean that train crews would be forced to stay awake even longer, increasing the risk of derailments and other accidents. CPKC has also failed to address understaffing of train conductors.”

TCRC added: “CN has now targeted fewer articles on fatigue, but its offer is contingent on the adoption of a forced relocation program. Its proposal would mean workers would have to move across the country for months to fill labour shortages in remote areas of Canada. CN’s offer is also contingent on the union agreeing to an extension of workdays in all provinces west of Ontario.

“Compromising on safety or threatening to tear families apart for months is not a solution to workforce problems. CN and CPKC should instead seek to improve working conditions and take a more humane approach to rail service.”

For more information on the negotiations, visit https://www.teamstersrail.ca/… and https://www.cn.ca/… and https://www.cpkcr.com/…

Mary Kennedy can be reached at [email protected]

Follow her on social media @MaryCKenn

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