CN workers, preparing to strike, face legal hurdle

MONTREAL (Nov. 28, 2001) — Nearly 4500 train conductors, brake masters, and yard switchers at Canadian National Railway Co. are prepared to strike unless the railroad improves working conditions that compromise safety, including the number of hours employees must work before resting.

The United Transportation Union said the CN employees it represents approved a strike mandate by a nine-to-one margin last week. They want improved employee and train safety, including more consistent rest schedules, said UTU International vice-president Guy Scarrow.

“The strike vote came after the CN unilaterally began changing work assignments across its system,” Scarrow said. “The new assignments run contrary to collective agreement provisions and put many crew members at risk of being improperly rested before being called back to work.”

The employees also want a new labor deal. Contracts covering UTU workers at CN expired in December 2000. Collective bargaining, which began more than a year ago, has failed to produce a new agreement that could be ratified.

Before workers can walk off the job, however, the Canada Labour Code says the railroad and its unions must agree to maintain essential services such shipments of national security, commuter service in Toronto and Montreal, and freight and passenger service in remote regions of Canada dependent upon rail service.

UTU has agreed to the essential services clause, while the railroad has not. Without CN’s consent to the clause, the union cannot exercise its right to strike, which it has had since Nov. 21, Scarrow said.

“CN has failed to negotiate how essential service would be maintained solely as a means to delay our ability to strike,” he said. “It is conduct totally inconsistent with the intent of the law.”

As a result, the union filed a complaint with the Canadian Industrial Relations Board, accusing CN of unfair labor practices and bargaining in bad faith.

“This is not a case of an unprofitable railroad attempting to survive,” Scarrow said. “Investment analysts rate CN as one of the most profitable railroads. But, CN is not going to remain profitable or safe if it puts additional short-term gain ahead of ensuring that train crews are well rested mentally and physically.”