CN Rail tries to have strike declared illegal

11/02/2007 12:01:35 AM

Canadian National Railway has filed a complaint trying to get a strike declared illegal after about 2,800 conductors and yard service workers walked off the job early Saturday.

CBC News

The strike, which involves members of the United Transportation Union, began after talks between the company and union representatives in Montreal broke down.

According to CN, the strike is not expected to affect passenger service on Via Rail or commuter train services in Montreal and Toronto.

But the Canadian Wheat Board, the single largest rail shipper in Western Canada, said it is concerned the job action could mean delays for clients.

CN officially filed a complaint with the Canadian Industrial Relations Board on Saturday, saying the strike is against the law. CN spokesman Mark Hallman said the certified bargaining agent for the employees, UTU International, did not authorize the strike.

Rex Beatty, the chief negotiator for the union, acknowledged that the union's international president, based in the U.S., had not authorized the strike but he said it did not mean the union has broken the labour code.

"There is definitely a dispute internally with the Canadian portion as compared to our American parent," Beatty told the Canadian Press. "But what you have to look at is the constitution of the union cannot supersede the law."

The board is expected to rule on the legality of the walkout within days.

Teamsters file complaint against CN

CN said management personnel is filling in for the striking conductors and yard workers.

"CN's comprehensive strike contingency plan will assure freight service across our network in Canada during this unfortunate labour action," E. Hunter Harrison, the president and chief executive officer of CN, said in a news release.

Late on Saturday, the Teamsters Canada Rail Conference - the union that represents CN Rail locomotive engineers - said it has also filed a complaint with the Canadian Industrial Relations Board, but its complaint is against CN. It supports the job action.

In a news release, the union alleges that CN is "attempting to unilaterally change working conditions (and work functions) of locomotive engineers" because of the strike and that these changes are contrary to its collective agreement.

It wants the board to order CN to halt "any continued or further breaches of the Canada Labour Code," and to cover any costs incurred by the union because of the changes it has alleged made.

According to the UTU, the main sticking points in the contract talks have been over breaks and the size of the wage increase.

The union wants a 40-minute lunch break during nine-hour shifts instead of the 20 minutes that workers currently get.

Union negotiators were also pushing for a 4.5 per cent wage increase over two years and a four per cent increase in the third year.

Wheat Board fears slowdowns

Despite CN's assurances that freight operations would continue, the Canadian Wheat Board said the strike could hurt its operations and farmers.

The wheat board said the strike couldn't have come at a worse time.

Rail delays in recent weeks caused by cold weather on the Prairies and heavy snow in the Rockies have left the board backlogged by about 2,000 rail cars.

That has created delays at ports in Vancouver and Prince Rupert, B.C., which have 10 vessels waiting to receive grain.

Commuter trains to continue in Toronto, Montreal

CN and the United Transportation Union have agreed to continue operating GO Train service in and out of Toronto's Union Station in the event of a strike, as well as commuter rail operations in Montreal.

A brief statement on GO's website, posted Saturday at nearly 6 p.m. ET, said: "We are not experiencing any major disruptions to GO Bus or Train service. Enjoy your evening!"

CN operates six of GO's seven lines.

No new negotiations between representatives for union and management are scheduled.
With files from the Canadian Press