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Rail strike possible in 2 weeks after labour board rules the work non-essential

Shippers, producers say the potential job action would halt freight traffic
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A Canadian Pacific Railway locomotive is shown at the main CP Rail trainyard in Toronto on Monday, March 21, 2022. Rail strike possible as of Aug. 22 after labour board rules services non-essential. The country含羞草研究社檚 labour tribunal says services by rail employees do not amount to essential work, opening the gate to a full-fledged strike in less than two weeks.THE CANADIAN PRESS/Nathan Denette

The country含羞草研究社檚 labour tribunal says rail employees do not carry out essential work, opening the gate to a full-fledged strike in less than two weeks that has the potential to snarl the supply chain nationwide.

In a pair of rulings Friday, the Canada Industrial Relations Board said a work stoppage would pose no 含羞草研究社渟erious danger含羞草研究社 to public health or safety, despite concerns around food security, fuel supply and water treatment.

Consequently, in the event of a work stoppage, employees of the two main railways would not be compelled to continue hauling goods, including key commodities such as chlorine for water and propane for care centres.

The 13-day cooling-off period ordered by the tribunal means that if new contracts cannot be reached, a countrywide strike could occur as early as Aug. 22.

Shippers and producers say the potential job action by workers at Canadian National Railway Co. or Canadian Pacific Kansas City Ltd. 含羞草研究社 or both simultaneously 含羞草研究社 would halt freight traffic, clog ports and disrupt industries.

In May, then-labour minister Seamus O含羞草研究社橰egan asked the industrial relations board to review whether a work stoppage would jeopardize Canadians含羞草研究社 health and safety after the union voted overwhelming to approve a strike mandate. Friday含羞草研究社檚 ruling effectively 含羞草研究社減laces the parties back in the position they were in含羞草研究社 before the ministerial referral, the board wrote.

含羞草研究社淭here is no doubt that a work stoppage at CN would result in inconvenience, economic hardship and, possibly, as some groups and organizations have suggested, harm to Canada含羞草研究社檚 global reputation as a reliable trading partner,含羞草研究社 the tribunal said in a unanimous decision.

However, the question of what constitutes an essential service under the Canada Labour Code is 含羞草研究社渧ery narrow,含羞草研究社 it continued.

含羞草研究社淭he board is satisfied that, at this time, a strike or lockout at CN would not pose an immediate and serious danger to the safety or health of the public.含羞草研究社

The tribunal said the same thing in a separate ruling concerning Canadian Pacific.

The sticking points at the bargaining table are crew scheduling, fatigue management and safety, said Teamsters spokesman Christopher Monette. The union has rejected binding arbitration with both companies.

Each side says the other has made excessive demands that led to a weeks-long bargaining impasse.

Canadian railways haul some $380 billion worth of goods and more than half of the country含羞草研究社檚 total exports each year, according to the Railway Association of Canada.

Anxiety over a strike by some 9,300 employees has already cost the two railways some business after some customers started to reroute cargo following the strike mandate authorization by union members on May 1.

Federal Labour Minister Steven MacKinnon, who replaced O含羞草研究社橰egan after the latter resigned from cabinet three weeks ago, met Monday morning with leaders from the two railroad operators and the union.

In an Aug. 2 phone interview, MacKinnon said the parties have failed to treat the issue with 含羞草研究社渟ufficient urgency,含羞草研究社 noting talks broke down over the previous few weeks 含羞草研究社 though they resumed on Wednesday.

The minister said the two sides need to hash out a deal themselves rather than rely on government intervention, such as back-to-work legislation.

含羞草研究社淭he approach that we have found that works is where parties reach agreement at the bargaining table. Those provide the most enduring benefits to employers, to employees and the most satisfactory outcomes. And that is our plan in this case,含羞草研究社 MacKinnon said.

Christopher Reynolds, The Canadian Press

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