Negotiators for Teamsters Canada, the union that represents railroad workers, and railroads CN and CPKC are scheduled to sit down Friday for another round of arbitration. American Shipper reached out to the parties to get their assessments before this historic meeting.
The outcome of these discussions comes at a critical time for the logistics industry, which is in the midst of peak season. The Canada Industrial Relations Board ruled on Aug. 9 that “a work stoppage on Canadian National (CN) and Canadian Pacific Kansas City (CPKC) would not cause an immediate threat to public health and safety.”
The Canadian government asked the CIRB in early May to review any safety implications if there was a strike. This ruling created the likelihood of a lockout by Aug. 22.
CPKC announced that if no settlement is reached and there is no agreement to binding interest arbitration with union leadership, it will issue notice to the Teamsters Canada Rail Conference (TCRC) – Train and Engine (T&E) division and TCRC – Rail Traffic Controller (RCTC) division of its plan to lock out employees on Aug. 22.
CN also announced that unless there is meaningful progress at the negotiating table or arbitration, CN will have no choice but to initiate further embargoes and ultimately lock out employees as of 12:01 a.m. ET on Aug. 22.
In a special series, American Shipper asked Teamsters Canada as well as CPKC and CN to offer updates before they resume negotiations. The following exchange is with a spokesperson for Teamsters Canada.
FREIGHTWAVES: How far apart are the talks? Should the logistics industry brace for a strike?
TEAMSTERS CANADA: Teamsters Canada agrees with Minister MacKinnon: agreements are within reach at the bargaining table. It bears repeating that the main sticking points at the bargaining table are company demands, not union proposals. The only way forward is for the rail companies to engage in genuine negotiations at the bargaining table, and to back down from their demands for concessions.
Both companies have decided to begin lockouts on Aug. 22. With close to two weeks of negotiations still ahead, this move represents an unnecessary escalation that goes against the principles of good faith bargaining that CN and CPKC claim to uphold.
A work stoppage can still be avoided, but only if CN and CPKC are willing to engage in genuine negotiations. Our union is committed to negotiating, but we have yet to find willing partners in CN and CPKC.
A breakthrough at the bargaining table is still possible, provided the companies back down from their demands for concessions on issues such as rail safety, fatigue management, forced relocation and crew scheduling.
CN and CPKC have a responsibility to their employees and to all Canadians, and we urge these companies to act in a manner that reflects this duty.
FREIGHTWAVES: What are the companies specifically demanding that will threaten the safety of workers and the running of the rails?
TEAMSTERS CANADA: The main sticking points at the bargaining table are company demands, not union proposals. Both companies want concessions on issues pertaining to crew scheduling, rail safety and fatigue management.
Railroaders work grueling on-call schedules, making it extremely difficult to consistently show up to work rested and fit for duty. We have made significant progress in addressing these issues over the years through stronger regulations and collective agreements. Now, both companies claim to be struggling with labor shortages and want to roll back fatigue protections to increase crew availability, regardless of the risks.
CPKC wants to gut the collective agreement of safety-critical fatigue provisions. Some of the targeted language currently helps workers better anticipate when they might be called to work. Gutting these provisions would force train crews to stay awake even longer, increasing the risk of derailments and other accidents. CPKC has also failed to address the understaffing of rail traffic controllers.
Meanwhile, CN is targeting fewer contract provisions around fatigue but still enough to raise safety concerns. Their demand to extend workdays in all provinces west of Ontario is of particular concern. CN aims to implement a forced relocation scheme, which would see workers ordered to move across the country for months at a time to fill labor shortages, tearing families apart in the process.
Compromising on safety, or threatening to tear families apart for months at a time, are not pathways to an agreement or solutions to staffing problems. CN and CPKC should instead be looking to improve working conditions and adopt a more humane approach to railroading to attract more workers.
FREIGHTWAVES: Is there any compromise in these areas or has the red line been drawn?
TEAMSTERS CANADA: We certainly hope the companies will see reason. It bears repeating that the main sticking points are company demands, not union proposals.
From the very beginning, rail workers have only ever sought a fair and equitable agreement. Unfortunately, both rail companies are demanding concessions that could tear families apart or jeopardize rail safety. Rail workers have fought for a safer and more humane industry for decades, and we will not accept moving backwards.
FREIGHTWAVES: How long do you plan on striking? Days? Months?
TEAMSTERS CANADA: The issue has shifted from a possible strike to a near-certain lockout, with rail companies beginning today to embargo shipments in preparation for a shutdown of their operations. Given these developments, a better question might be: How far are the rail companies willing to go to get their way?
FREIGHTWAVES: Will the workers picket at the ports, and should the ports expect the International Longshore & Warehouse Union Canada to stand by your workers and not cross the picket, essentially shutting down the ports?
TEAMSTERS CANADA: At this time, we have no plans to picket ports, and this tactic has not been brought up in any of our internal strike planning.