The union representing workers at Canada’s two largest railroads has filed lawsuits that it had promised to challenge orders forcing workers to return to work and get trains running again, the union announced Friday.
The charges were filed Thursday afternoon, the Teamsters Canada Rail Conference said. But they will not block the trains because the government had ordered the union to stay at work while the investigation continues.
“The right to collective bargaining is a constitutional guarantee. Without it, unions lose the power to negotiate better wages and safer working conditions for all Canadians,” said union president Paul Boucher on Friday. “We hope that the law is with us, and the workers will hear their voices.”
One of the railways, CPKC, declined to comment on Friday about the charges. The other, Canadian National, did not immediately respond.
The shutdown halted traffic in Canada on key rail lines this month and halted shipments to and from the United States, cutting off deliveries of raw materials, as well as shipments of finished products from factories and retail shelves. The shutdown lasted more than a day at CN and four days at CPKC.
The union does not want to allow a precedent that the government can block the strike and take power from the union in negotiations. Prime Minister Justin Trudeau’s government became embroiled in a contract dispute after both CN and CPKC locked out their workers on August 22. Trudeau defended the move this week and said he was reluctant to intervene but saw no other option because of the economic importance of rail.
The union challenged the order of Labor Minister Steven MacKinnon who sent the dispute during the decision of the Canada Industrial Relations Board on Saturday that forced them to return to work.
In four appeals filed by the union, the Teamsters asked the Federal Court of Appeals to overturn the orders issued to both railroads and declare that the officials had no power to stop the strike. The lawyers of this union want “a declaration that the violation of the law is not a reasonable limitation as it is imposed by law as it can be seen as justified in a free and democratic society.”
The union asked the court to speed up the decision, but it was not clear whether it would be approved. Teamsters spokesperson, Christopher Monette, said he cannot predict whether there will be a strike if the union wins because it will depend on the details of the decision and the status of any agreements with the railroads.
A spokesman for MacKinnon said he would not comment Friday and would let the legal process play out.
The nearly 10,000 engineers, operators and dispatchers representing the Teamsters on both railroads have been unable to reach an agreement on a new contract despite nearly a year of negotiations. Negotiations have stalled over the railroad’s efforts to switch to an hourly-based pay system and scheduling system instead of the current mileage-based system. The union is concerned that the changes will erode hard-fought protections against fatigue and make jobs less secure.
CN and CPKC said they offered to raise funds in line with other recent railway industry agreements. CN said its engineers make about CA$150,000 a year, while its operators earn CA$121,000. CPKC said its fee is comparable.
At CN, there was also controversy over its attempt to temporarily expand its relocation program to prevent labor shortages. The union did not want CN to have the power to disrupt families, but the railways said the program was voluntary and already in place in other areas.
Any kind of long-term disruption in rail transport can cause serious problems. Chemical companies have said they may have to slow down or stop production. Water treatment plants were worried that they might run out of chlorine. Ports and other railroads said shipments will begin to pile up if CPKC and CN remain idle.
The two trains deliver more than CA$1 billion (US$730 million) in cargo per day and carry billions of dollars in cargo between the US and Canada every month. A number of small short-line freight trains continued to operate across Canada but were unable to carry shipments on one of the major rail lines while they were still in operation.
CN moved again on the morning of Friday, August 23, after more than a day of inactivity, but CPKC did not begin operating its trains until Monday, when the order went into effect. US and Mexican operations of CN and CPKC continued to operate, but the suspension was still a major disruption on both sides of the border.
A similar railroad contract dispute in the United States two years ago — over quality-of-life concerns related to demand, unpredictable schedules and a lack of paid sick time — ended when Congress and the administration of President Joe Biden stepped in to block the strike. at the last minute.
While Canadian railroads are struggling, American railroads have announced new contract agreements with some of their 13 unions with four months to go. Norfolk Southern announced five more agreements Friday to give its workers 55% of the new deals, while BNSF also announced agreements with two other unions. CSX started the practice last week and has more than half its employees.
All new US railroad contracts will provide an average raise of 3.5% annually for five years and improved vacation benefits, but they have not yet been voted on by workers.
-Josh Funk, Associated Press business writer
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