Maintenance of activities at CN/CPKC

The Canada Industrial Relations Board is inviting the affected groups or organizations to file submissions in two referrals made by the Minister of Labour pursuant to section 87.4(5) of the Canada Labour Code in the following matters:

1. A referral concerning Canadian Pacific Kansas City Railway Company (CPKC) and two bargaining units represented by the Teamsters Canada Rail Conference (TCRC) (Board file no. 037673-C); and
2. A referral concerning the Canadian National Railway Company (CN) and TCRC (Board file no. 037674-C).

The parties have agreed that no services or activities have to be maintained in the event of a strike or lockout.

The Minister of Labour, the Honourable Seamus O’Regan, has requested that the Canada Industrial Relations Board determine whether the agreements entered into by the parties are sufficient to ensure that section 87.4(1) of the Canada Labour Code is complied with and asks that the Canada Industrial Relations Board determine the action, if any, that is required in order for the employers, the union and the employees in the bargaining units to comply with section 87.4(1) of the Code in the event of a work stoppage.

Section 87.4(1) of the Code provides that: “During a strike or lockout not prohibited by this Part, the employer, the trade union and the employees in the bargaining unit must continue the supply of services, operation of facilities or production of goods to the extent necessary to prevent an immediate and serious danger to the safety or health of the public.”

In the matter between CPKC and TCRC (Board file no. 037673-C), the Board has asked for the following information:

1. Details regarding the movement of propane on the rail network of Canadian Pacific Kansas City Railway (CPKC) and specific areas of delivery;
2. What alternatives, if any, CPKC’s clients have for the delivery of such products;
3. In the event that the Board finds that the transportation of propane is necessary to prevent an immediate and serious danger to the safety or health of the public, what level of services or operations must continue to ensure an appropriate supply.

In the matter between CN and TCRC (Board file no. 037674-C), the Board has asked for the following information:

1. Details regarding the movement of heavy fuel, propane, food and water treatment materials needed in remote communities and throughout Canada on the rail network of Canadian National Railway Company (CN Rail) and specific areas of delivery;
2. What alternatives, if any, CN Rail’s clients have for delivery of such products;
3. In the event that the Board finds that the transportation of certain products is necessary to prevent an immediate and serious danger to the safety or health of the public, what level of services or operations must continue to ensure its appropriate supply.

Given its role in preventing an immediate and serious danger to the health and safety of the public, the Board is inviting affected groups and organizations to make submissions on these matters.

Submissions must provide specific details in support of the statements being made and must be limited to the issues raised in this notice. They must also include the name and contact information of the person making the submission. Please note that all submissions received will be transmitted to the employer(s) and the trade union for their review and comment. The submissions will be part of the public record.

Submissions may be sent to the Canada Industrial Relations Board by email at CIRB-Filing-CCRI-Depot@tribunal.gc.ca and must clearly indicate the relevant Board file number(s) in the subject line.

Please note that all written submissions must be received at the Canada Industrial Relations Board no later than 5:00 p.m. on May 21, 2024.