The CIRB reviews the rail workers' contract dispute, delaying strike action and seeking resolution
Workers at Canada’s two major railroads are still without a contract, but not on strike, as a federal government tribunal prepares to begin hearing submissions on the dispute, according to the Financial Post.
Labour Minister Seamus O’Regan has asked the Canada Industrial Relations Board (CIRB) to consider whether a rail service disruption could negatively impact public safety.
This request came after workers at Canadian National Railway Co. (CN) and Canadian Pacific Kansas City Ltd. (CPKC) voted on May 1 to authorize strike action.
Before the dispute was referred to the CIRB, workers could have walked off the job on May 22. However, a strike cannot start until the board issues a decision. Since the referral, negotiations between the two sides have not progressed.
CPKC reported no progress in its latest bargaining round, and the Teamsters Canada Rail Conference (TCRC) criticized CN Rail for making its latest offer public, calling it inadequate.
Jean-Daniel Tardif, senior director of operations and dispute resolution at the CIRB, said the parties have until May 31 to submit their written positions on the dispute.
A case management conference is scheduled for May 27 in Ottawa to discuss the next steps, including who may be called as a witness at a future hearing.
Andrew Stevens, a professor at the University of Regina, noted that the CIRB plays an essential role in Canada’s labour relations system. “Just think of it as a court dedicated almost exclusively to the interpretation in some respects and the application of labour relations law and precedent,” he said.
Stevens explained that labour legislation allows for board referrals for various reasons, including arbitration or determining which workers are essential. The board is generally seen as an objective body, though its decisions can be appealed to the courts.
Referring a dispute to the CIRB is not surprising given the importance of the rail industry in Canada. Historically, labour disputes in this sector have not lasted long due to intense political pressure. “When rail is disrupted, it has a massive impact on the economy,” Stevens said.
Several organizations and groups have raised concerns about the potential impact of a rail strike on their businesses, especially as farmers on the Prairies begin seeding for the coming season.
Tardif could not provide a timeline for when the board may decide. The board can rule based on written submissions or hold hearings. Ginette Brazeau, the CIRB chair, will oversee the case.
Tardif said the tribunal would attempt mediation to find a resolution. The tribunal can also order the continuation of certain goods shipments during a labour disruption if necessary.
The Canada Labour Code states that during a legal strike or lockout, the supply of services and goods necessary to prevent an immediate and serious danger to public safety or health must continue.
The CIRB is specifically asking for information about propane shipments on CN Rail and CPKC, as well as alternatives for delivering such products. It also wants information from CN Rail about shipments of heavy fuel, food, and chemicals used at water-treatment plants in remote communities.
In July 2023, the CIRB ruled a strike by 7,400 workers in British Columbia represented by the International Longshore and Warehouse Union Canada was illegal due to improper strike notice. That dispute ended in August 2023 when workers accepted a new four-year agreement.
