Canada labour board ruling opens door for rail strike by Aug. 22

Glacier FarmMedia | MarketsFarm—Workers at Canada’s two major railways could be on strike as early as Aug. 22 following a decision by the Canada Industrial Relations Board (CIRB) issued Aug. 9 on the safety implications of a stoppage.

The CIRB ruled that a strike or lockout would not result in a serious threat to public health and safety under the Labour Code, and that rail service was not “essential.”

“Today, the Canada Industrial Relations Board ruled that no activities need to be maintained in the event of a strike or lockout at CN or CPKC,” said Labour Minister Steven MacKinnon  in a statement posted to social media. “The CIRB has also imposed a 13-day cooling off period before a strike or lockout can occur,” added MacKinnon as he called on the parties “to stay at the bargaining table.”

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The Teamsters Canada Rail Conference, which represents close to 10,000 workers at CN Rail and Canadian Pacific Kansas City (CPKC) agreed with the ruling and said in a statement that they “will provide 72 hours advance notice in the event of any strike action.”

“Workers’ right to strike had been temporarily suspended pending today’s decision by the CIRB,” said the Teamsters, adding “this effectively robbed the union of leverage. Absent the threat of a work stoppage, neither company had been willing to compromise or show any flexibility in their demands.”

CPKC issued their own statement saying it will issue a lockout notice on Aug. 22 “if union leadership and the company are unable to come to a negotiated settlement or agree to binding interest arbitration.”

The possible work stoppage comes just as newly harvested Canadian grain will be looking to move to export positions and the Grain Growers of Canada (GGC) issued a statement urging for a swift resolution to the potential rail disruption.

“With the start of the harvest season, it is critical that grain farmers continue to be able to market their grain to support their livelihoods, uphold Canada’s trade reputation, and address both domestic and international food demand,” said the GGC.

The Canadian Manufacturers and Exporters (CME) added that “a national rail stoppage of any length will have a catastrophic impact on Canadian manufacturers and their workers.” The CME called emergency meetings of the House of Commons Standing Committee on Transportation to study the impacts of a stoppage.

The union and railways agreed last week to restart contract talks with the aid of a government mediator.

Comments from CN Rail were not yet available.

The main sticking points in negotiations are concessions on issues pertaining to crew scheduling, rail safety, and fatigue management, according to the Teamsters.