Labour Board Orders Rail Employees Back to Work; Union Plans to Appeal

Labour Board Orders Rail Employees Back to Work; Union Plans to Appeal
Teamsters Canada Rail Conference members picket outside the CPKC headquarters in Calgary on Aug. 23, 2024. The Canadian Press/Jeff McIntosh
Chandra Philip
Updated:
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The federal labour board has issued a back-to-work order for rail workers following a contract dispute that saw Canada’s two main railways shut down.

As part of the decision by the Canada Industrial Relations Board (CIRB), binding arbitration has been imposed on the parties.

Canadian National Railway (CN) and Canadian Pacific Kansas City (CPKC) stopped shipments on Aug. 22 after talks broke down with workers over several contract issues.

That day, federal Labour Minister Steven MacKinnon directed the tribunal to begin the arbitration process to help get shipments moving.

CN lifted the lockout on Aug. 23 following MacKinnon’s direction; however, the union issued a 72-hour strike notice to both rail companies.

The Teamsters union challenged MacKinnon’s decision. CIRB said on Aug. 24 that the tribunal did not have the authority to determine whether the government directive was valid.

“The board has concluded that, in this case, it has no discretion or ability to refuse to implement, in whole or in part, the minister’s directions or to modify their terms,” wrote chairwoman Ginette Brazeau in a pair of rulings.

The companies, conductors, dispatchers, and yard workers have been ordered to start operations at 12:01 a.m. on Aug. 26.

CPKC said it will comply with the CIRB order and officially end the lockout that began Aug. 22. The company has asked for employees to return to work on Sunday.
The current collective agreement remains in place until a new agreement is signed, CN said in an Aug. 24 news release.

The union said that it too will comply with the decision but plans to appeal the ruling, which it says sets a “dangerous precedent.”

“It signals to corporate Canada that large companies need only stop their operations for a few hours, inflict short-term economic pain and the federal government will step in to break a union,” said Paul Boucher, president of the Teamsters Canada Rail Conference.

The labour board ruled that binding arbitration will go into effect on Aug. 29.

CN and CPKC transport about $1 billion in goods each day, the Railway Association of Canada said. The Teamsters represent 6,000 CN workers and 3,300 CPKC workers.

The union said its concerns include rest periods and scheduling, as well as a company scheme that it said forces employees to relocate to remote locations for several months.

CN said the union dismissed its offers of better pay and improved rest and schedules. CPKC said that efforts to bargain in good faith with the union were in vain.

Jennifer Cowan and The Canadian Press contributed to this report.