This bulletin is to further update you regarding the mediation and interest arbitration process. As you are aware, on October 9, 2024, Arbitrator William Kaplan was appointed to resolve the outstanding disputes with respect to collective bargaining. A case management hearing was held on October 25, 2024, to discuss the process of mediation and arbitration and dates to meet with the arbitrator.
This bulletin is to advise you that today FMCS has appointed William Kaplan as the arbitrator in the interest arbitration of our Collective Agreements with CPKC, including the Consolidated Collective Agreement, the Kawartha Lakes Railway Agreement, and the Kootenay Valley Railway Agreement.
"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. 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," said Paul Boucher, President, Teamsters Canada Rail Conference.
It has also come to our attention that the company has posted their final contract offer on CPKC Station, the CP Exchange app, and has placed physical copies in many workplaces. This offer was provided to your negotiating committee approximately 30 minutes prior to the start of the work stoppage on the evening of August 21, 2024. It was clearly communicated to the company that the offer was unacceptable.
“This decision by the CIRB sets a dangerous precedent. It signals to Corporate Canada that large companies need only stop their operations for a few hours, inflict short-term economic pain, and the federal government will step in to break a union. The rights of Canadian workers have been significantly diminished today,” said Paul Boucher, President of the Teamsters Canada Rail Conference.
As you are all aware, on August 22nd Labour Minister MacKinnon issued referrals under Section 107 of the Canada Labour Code for all 3 affected TCRC Bargaining Committees (CPKC Running Trades, RCTC and CN Running Trades). To quote the documents, he has directed the CIRB to; (i) order (CPKC & CN) to resume operations and employees to resume their duties; (ii) assist the parties in reaching a settlement of the outstanding terms of their collective agreement by imposing final binding interest arbitration to resolve outstanding terms of the collective agreement; (iii) extend the term of the existing collective agreements until the new collective agreements are determined by the arbitrator.
The work stoppage at CPKC remains ongoing pending an order from the Canada Industrial Relations Board (CIRB). Despite the Labour Minister’s referral, there is no clear indication that the CIRB will actually order an end to the labour dispute at CPKC.
Today, federal Labour Minister MacKinnon referred rail negotiations to the CIRB for binding arbitration. The Teamsters Canada Rail Conference will review the Minister's referral and the CIRB's response, consulting with legal counsel to determine the next steps. Meanwhile, picket lines remain in place.
Today, the Honourable Minister of Labour, Mr. Steven MacKinnon met separately with the parties in Calgary and has conveyed a message encouraging the parties to reach a deal . We know what our membership needs to ratify an agreement and will work to achieve this. If a work stoppage does occur at 0001 ET Thursday,the above information, attachments, and previous protocols have been sent out to all local division executives and members.
In order to commence an orderly exit of TCRC represented employees (Locomotive Engineers, Conductors, Train persons and Yard persons) in Canada, including employees of the Kootenay Valley Railway and Kawartha Lakes Railway, in the event of a work stoppage, the parties agree to the following:
Another update is to provide information regarding emergency health benefits during the work stoppage. As you should know, all health benefits currently in place with the carriers will cease during this time. As a result, emergency health benefits have been secured and are attached below. It must be understood these benefits apply to emergency care only, which includes dental and major medical coverage. The claim form is also attached, or alternatively available by contacting a local Division Officer.
We have served 72-Hours-Notice to withdraw our services, to be effective Thursday August 22 at 0001 Eastern Time, to protect the TCRC’s statutory and Charter protected rights to engage in a lawful strike. We are continuing to bargain with the Company and will remain at the table as long as it takes. Your bargaining committee remains committed to achieving an agreement that is acceptable and in line with the demands received by each Division.
May 1, 2024 - The strike vote at CN and CPKC concluded today at noon and the results are :Overall % of return for the 3 bargaining units : 98%
April 24th 2024 - As communicated in the previous bulletin, electronic strike ballots were sent out with voting ending on May 1, 2024 at 1200 EDT. We urge everyone eligible to cast their vote, if not done already, to send a clear and strong message to the Company of the membership’s support.
No doubt you have been reading the information distributed by CP regarding collective bargaining which they have sent to customers as well. Simply put the company is not doing everything it can to avoid a work stoppage and once again have chosen to blame the TCRC leadership. CP has publicly stated they are bargaining in good faith, but it is clear with the multiple unfair labour practice complaints filed with the Canadian Industrial Relations Board by the Union, that they are not
March 28th 2024 - As communicated in the previous bulletin, conciliators from the Federal Mediation and Conciliation Service were appointed to assist the parties in the context of our negotiations with CPKC. Meetings took place in their presence on March 27th and 28th.
We have made very little progress on negotiations. CPKC continues to advance their Options #1 and #2, while your negotiating committee has provided comprehensive demands for significant wage increases as well as improved work-life balance provisions.
March 18th 2024 - As everyone is aware, CPKC served Notice of Dispute and the Minister of Labour has appointed Conciliation Officers from Federal Mediation and Conciliation Services.
March 8th 2024 - This letter is to inform you that I have miscalculated the 81-day period of this process. The confirmed earliest date that a work stoppage can occur is 00:01 on May 22nd of this year.
March 1st 2024 - This update is further to the membership letter sent February 19th, 2024 on behalf of the 3 Bargaining Committees currently in active negotiations (Running Trade members at CPKC and CN, Rail Traffic Controllers at CPKC). In that update we reported the state of negotiations and that we were awaiting the appointment of Conciliation Officers due to the concerted efforts of both carriers.
February 28, 2024 - Your TCRC Negotiating Committee was informed earlier today of CPKC’s intention to send a mailout to all members containing a letter regarding the status of negotiations as well as two contract options that were presented to the Union. Some of our members may have already received this mailout.
February 19, 2024 - As you are likely aware the TCRC is in an unprecedented position of having 3 major Collective Agreements expire on December 31st, 2023 (Running Trade members at CPKC and CN, Rail Traffic Controllers at CPKC). All three bargaining committees commenced negotiation talks in the fall and have continued to make every good faith effort to attain agreement(s) that the membership would ratify. Unfortunately, it has become very clear that the carriers do not have that same objective.
February 2, 2024 - Your TCRC Negotiating Committee met with CPKC over this past week in Western Canada. The Union continued to discuss and clarify our demands including discussions on the KLR (east) and the KVR (west) Collective Agreements.
December 21, 2023 - Your TCRC Negotiating Committee were scheduled to meet with CPKC over three days (December 18, 19, 20) in Eastern Canada. The Company continued with their demands, which includes removal of many long standing Collective Agreement provisions.
November 24, 2023 - On November 21 to 23, 2023, along with TCRC President Paul Boucher and TCRC Vice President Ryan Finnson, the Bargaining Committee met with the Company representatives to continue our negotiations in an effort to reach a settlement. We spent most of our time explaining our demands and further reviewing the Company’s demands. The Company had various questions regarding our demands, which we clarified in detail. We had several questions regarding their demands, to which they provided some answers.
September 22, 2023 - As you are all aware, the open period of our contract is upon us. Accordingly, on September 1, 2023, we informed the Company of our intent to negotiate and improve the Collective Agreement. On September 19, 2023, along with TCRC President Paul Boucher and TCRC Vice President Ryan Finnson, the Bargaining Committee met with the Company representatives to exchange our proposals and demands. Copies of both the Union proposals and Company demands are attached for your information and review. The documents will be translated and forwarded as soon as possible.