Teamsters appeal binding arbitration order for CN, CPKC workers

The Teamsters Canada Rail Conference (TCRC) has filed appeals challenging the binding arbitration order imposed on rail workers amid the ongoing row between the union and the Canadian National Railway (CN) and Canadian Pacific Kansas City (CPKC).

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

Overall, the union has filed four separate appeals with the Federal Court of Appeal, challenging Labour Minister Steve MacKinnon’s decision to invoke Section 107 of the Canada Labour Code to impose binding arbitration on the dispute.

In the appeals, Teamsters argued that:

• the minister “failed to provide any, let alone sufficient, procedural fairness, to the TCRC before issuing the Aug. 22 direction”
• the minister’s interpretation of the Code, and in particular section 107, “was unreasonable”
• the minister’s Aug. 22 direction, including his interpretation and application of section 2(d) of the Charter, “is incorrect”
• the minister’s Aug. 22 direction were “ultra vires” or beyond the power of the minister’s jurisdiction pursuant to the Code.

CN and CPKC officially locked out employees represented by the TCRC on Aug. 22.

On Aug. 24, both employers received an order from the Canada Industrial Relations Board (CIRB) imposing binding arbitration between the employers and the Teamsters union.

TCRC is also appealing that order, claiming, among others, that

• the CIRB “erred in failing to address [TCRC’s] challenge to “the constitutionality” of the minister’s order.
• the CIRB “erred in failing to conclude that the infringement on [TCRC’s] section 2(d) Charter rights by the Aug. 22 direction was not a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Charter”
• the CIRB’s decisions and CIRB order were “ultra vires” the CIRB’s jurisdiction pursuant to the Code.

The union has requested that the court expedite these proceedings.

Teamsters represent close to 10,000 workers at CN and CPKC.

Recently, Prime Minister Justin Trudeau said that the decision for his government to call for binding arbitration at CN and CPKC was made “reluctantly” – but it was the only logical move.