The moves that ended the rail shutdown last week were appealed by the union representing thousands of railroaders. This work stoppage had halted freight and commuter traffic across the country. The Teamsters union challenged directives for binding arbitration issued to a labor board by federal Labor Minister Steven MacKinnon. The Canada Industrial Relations Board ordered the country’s two major railways to resume operations and employees to return to their posts until binding arbitration could produce new contracts in response to MacKinnon’s instructions. The union is also contesting the tribunal’s decisions. Paul Boucher, president of the Teamsters Canada Rail Conference, says the actions set a “dangerous precedent” that threatens workers’ constitutional right to collective bargaining. Without it, unions lose leverage to negotiate better wages and safer working conditions for all Canadians. The railway companies, along with some industry groups, have said the minister’s move ended months of needless uncertainty and subdued supply chain turmoil after the Teamsters rejected requests for arbitration. CN said arbitration is a neutral process “agnostic to outcome” and aimed at breaking an impasse. MacKinnon made the back-to-work directive less than 17 hours after the lockouts took effect, as well as a strike by CPKC’s employees but not CN’s. He said the negotiations were at an impasse and Canadian businesses, job security, and trade relationships were at stake.Industry groups had been sounding the alarm for weeks over the economic consequences of a drawn-out shutdown. To ensure no freight would be stranded, CN and CPKC wound down their operations in phases, starting nearly three weeks ago. Last week, traffic of cargo ranging from car parts to crude oil, consumer goods, grain, and potash ground to a complete halt, temporarily upending supply chains. Over 30,000 commuters in Montreal, Toronto, and Vancouver also found themselves unable to board passenger trains that run on CPKC-owned tracks. The labor board’s Aug. 24 ruling requires railways to continue operations and workers to stay on the job until arbitration wraps up. The union filed four separate appeals in a Toronto courthouse late Thursday afternoon seeking a judicial order “quashing” the minister’s directives and the labor tribunal’s decisions related to CN and CPKC. The applications seek to render invalid those decisions as well as the minister’s orders to the board, arguing that the latter were “ultra vires” — beyond the powers of his jurisdiction. The court filing also says the directives and board decisions breached the union’s freedom of association enshrined in the Charter of Rights and Freedoms. After an acrimonious few weeks, the union and railway officials are scheduled to meet next month for the first time since the work stoppage to discuss a timeline for binding arbitration.
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