Call to Arms

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November 19, 2024

On August 22, 2024, Labour Minister Steven MacKinnon held a press conference to announce that he was instructing the Canadian Industrial Relations Board (CIRB), under Section 107 of the Canadian Labour Code (CLC), to intervene in a labour dispute involving Canadian National Railways (CN) and Canadian Pacific Kansas City (CPKC). The conflict arose when both railways simultaneously locked out approximately 9,300 members of the Teamsters Canada Rail Conference (TCRC) at 12:01 AM. While TCRC members at CPKC had declared their intention to strike at the same time due to changes in working conditions, their counterparts at CN did not.

During the press conference, Minister MacKinnon emphasized the Liberal government's commitment to supporting the labour movement and upholding collective bargaining. He highlighted the importance of preserving Canada's reputation as a reliable trade partner. When asked about any pressure from American counterparts, MacKinnon mentioned receiving advice from American businesses and stakeholders with experience in similar work stoppages. However, he did not indicate that he consulted Canadian labour leaders on the impact of his actions. Instead, his remarks suggested that advice from American interests, which have historically pushed for measures harmful to workers' rights, played a role in his decision-making.

The TCRC views the government's decision as unprecedented and potentially illegal. After only 17 hours, the government, under pressure from the rail carriers, instructed the CIRB to order the TCRC members back to work, effectively stripping them of their right to withdraw their services. This intervention undermines the rights of all federally regulated unionized employees and jeopardizes the hard-won labour protections in place.

The TCRC contends that the two major rail companies, which dominate the industry, collaborated to undermine the Canadian economy and exploit a fabricated national emergency, all while being mandated to negotiate three new collective agreements in good faith. These companies have consistently hired American executives who enforce harsh policies, thereby eroding Canadian labour standards and steering the industry towards American corporate practices. The TCRC believes that the government’s response, driven by corporate interests, aims to discredit unions and circumvent meaningful bargaining.

The events that unfolded during these rounds of bargaining at CN and CPKC were without precedent. With the involvement of former Labour Minister Seamus O’Regan and the inexperienced Steve MacKinnon, the government intervened four different times in TCRC member’s rights. We now know that the Liberal government was establishing a new corporate model for handling labour relations in Canada, which was unfortunately witnessed again on November 12th in the ILWU stoppage.

The lead-up to August 22nd had the exact intended consequence on the TCRC negotiation process. Both CN and CPKC refused to engage in any meaningful dialogue since bargaining began in the fall of 2023, instead insisting on their proposals and offering binding arbitration if the TCRC did not agree. Government interference has consistently signaled to CPKC and CN that there was no need to take this round of collective bargaining seriously. We now know that the playbook has been set, with corporate Canada taking these cues in other federally regulated labour disputes as well.

The government's actions are viewed as an attack on fundamental labour rights and appear to have set a dangerous precedent for how unions are treated in Canada. The TCRC is determined to resist this erosion of workers' rights and calls for a united front from organized labour to combat these measures. A coordinated response from all labour organizations is essential to defend against this threat and protect the rights of workers. The TCRC urges everyone to recognize the importance of this struggle, which will shape the future of labour rights in Canada.

We will take on this fight on behalf of the labour movement and formally request that you join us on the front lines of this historic battle - a battle that will define the rights of all our members for the foreseeable future.

Any organization seeking intervenor status must notify the Federal courts of their intent by December 18th. Inquiries can be directed to our legal counsel as follows:

Sukhmani Virdi
CaleyWray
416.366.3763 ext. 247
virdis@caleywray.com 

 

In Solidarity,

Paul Boucher
TCRC President

Ryan Finnson 
TCRC Vice President

Christopher Lowe
TCRC Treasurer

Don Ashley
TCRC National Legislative Director