CIRB ruling clears way for rail service disruptions

CIRB ruling clears way for rail service disruptions
Aug 12, 2024

CN and CPKC have issued lockout notices for Aug. 22

By Diego Flammini
Staff Writer
Farms.com

Two railways are planning to lockout employees later in August following a ruling from the Canada Industrial Relations Board (CIRB) that rail service isn’t essential.

On Aug. 9, CN and CPKC issued separate notices stating lockouts will begin on Aug. 22 if the companies and Teamsters Canada Rail Conference can’t negotiate an agreement.

“If no resolution is reached during bargaining through the extended cooling off period, and the TCRC continues to refuse binding interest arbitration, CPKC will have no choice but to take this action,” the railway said in its statement.

In its release, CN said it has lost faith in the process and is concerned a deal “is no longer possible without a willing partner,” and called for the federal labour minister to get involved.

Labour Minister Steven MacKinnon wants the parties to resolve the issue themselves.

“A negotiated agreement is the best way forward,” he said on X.

The rail companies notices, and Minister MacKinnon’s response came the same day the CIRB released its ruling on the ongoing labour issue.

In May, then-Labour Minister Seamus O’Regan asked the CIRB to get involved in the dispute between CN and CPKC and the Teamsters Canada Rail Conference (TCRC), which represents about 10,000 workers between the two rail companies.

The board investigated which activities may need to continue if a strike or lockout occurs. And during that process, parties are banned from striking or locking out.

In its Aug. 9 ruling, the board said it had to “determine whether an interruption of rail transportation due to a strike or lockout would result in a threat to the safety or health of the public that would be immediate and serious.”

The CIRB concluded a work stoppage at the railways “will not result in such an immediate and serious danger.”

Representatives from multiple industries disagree.

“Cattle feeders from across Canada have serious concerns about the potential CN and CPKC work stoppage,” the National Cattle Feeders Association said on X. “The Canadian cattle industry relies heavily upon the timely delivery of cattle feed by rail.”

The Agricultural Producers Association of Saskatchewan is also concerned about the looming disruptions.

The labour dispute jeopardizes billions of dollars in Sask. ag exports, and all parties, including government, need to work together to stop any stoppage, the organization said online.

The Chemistry Industry Association of Canada (CIAC) is also expressing concern.

The industry moves more than 500 rail cars per day and moves about $28 billion of products each year.

“There is no Plan B due to the lack of availability of such trucks and drivers, the additional costs to move the products over long distances, and the fact that many chemistry products are restricted to movement on rail due to their hazardous nature,” Bob Masterson, president and CEO of the CIAC, said in a statement.

And Canadian Manufacturers and Exporters is calling for emergency meetings of the House of Commons Standing Committee on Transportation.

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