Railways and union to begin binding arbitration meetings in March

Following the Aug. 23 order from the Canada Industrial Relations Board (CIRB) imposing binding arbitration between CN, CPKC and the Teamsters Canada Rail Conference (TCRC), CN recently announced it has agreed on an arbitrator to determine the terms of the next collective agreement.

Mediation meetings will occur over seven days in March. If a mediated settlement is not reached during those seven days, arbitration will be scheduled to take place in April. As per the protocol negotiated between the parties, the arbitrator will have 60 days to make a ruling. In view of this, a decision is expected before the end of the second quarter.

CIRB also directed that the current collective agreement remain in place until a new one is reached, meaning no strike or lockout can occur.

In August, the TCRC filed appeals challenging the imposition of binding arbitration on workers at CN and CPKC, claiming it stripped the union of its right to collectively bargain.

“These decisions, if left unchallenged, set a dangerous precedent where a single politician can bust a union at will,” Paul Boucher, president of TCRC, said in August. “The right to collectively bargain is a constitutional guarantee. Without it, unions lose leverage to negotiate better wages and safer working conditions for all Canadians. We are confident the law is on our side and that workers will have their voices heard.”

CPKC and CN restarted their railway operations, which were briefly shut down Aug. 21-22, at 12:01 a.m. ET Aug. 26, following the CIRB order requiring rail companies to resume operations and TCRC employees to return to work.

The union filed four separate appeals with the Federal Court of Appeal, challenging the minister’s referrals and the CIRB’s decisions at both CN and CPKC. The appeals argue, among other things, that workers’ Charter rights were violated.