The Canadian Industrial Relations Board (CIRB), which is considering whether a strike by nearly 10,000 members of the Teamsters Canada Rail Conference (TCRC) will compromise safety and essential services at the Canadian National (CN) and Canadian Pacific Kansas City (CPKC) railways, announced that it intends to make its decision in the case by Aug. 9, 2024.
No work stoppage can occur until either party files a required 72-hour notice after the CIRB issues its decision, subject to any extension of a cooling off period that may be ordered by the CIRB. Earlier speculation had been that a strike could occur as early as mid-July pending the CIRB’s expected ruling.
The CIRB advised both railroads on July 12 that it will make its decision without holding oral hearings. In the event a decision is not made by Aug. 9, the CIRB said it will provide another update at that time.
“We recognize that the prolonged negotiations are creating uncertainty, and we are working towards providing as much predictability as possible to our employees, customers, and partners,” CN said in response to the CIRB announcement. “Since the beginning of the negotiations, our goal has always been and continues to be to negotiate in good faith with the TCRC to reach a mutually beneficial agreement that maintains safety and stability for our team, our customers, and North American supply chains.”
CPKC also issued a statement saying the CIRB’s announcement “helps provide some predictability regarding the timelines for a potential work stoppage because the parties cannot legally strike or lockout prior to the CIRB issuing its decision.” CPKC also said it has asked the CIRB to extend the cooling off period by 30 days.
“We know supply chain stakeholders would like certainty and predictability concerning a potential work stoppage,” CPKC noted. “That is also why CPKC has proposed to the TCRC that we resolve this labor dispute through binding arbitration.”
The two sides reportedly remain far apart in a negotiated settlement. TCRC members in May voted overwhelmingly to authorize strikes at both CN and CPKC (GM May 3, p. 1), but a walkout threatened on May 22 was postponed when the CIRB intervened (GM May 24, p. 1). TCRC members voted again in late June to authorize strikes at both railroads (GM June 5, p. 1).
“Workers are on the defensive in these negotiations, with both companies demanding a wide range of concessions on issues pertaining to crew scheduling, hours of work, and fatigue management,” TCRC said in a recent statement. “The stumbling blocks are company demands, not union proposals.”