Teamsters Canada criticizes railways' push for pre-strike arbitration

MONTREAL · Teamsters Canada is pushing back against a proposal from the country's major freight railways that would allow the federal government to impose binding arbitration before a strike or lockout begins. The union, which represents 16,000 railway employees, criticized calls made last week by Canadian National Railway Co. and Canadian Pacific Kansas City Ltd. to a Senate committee. The railways want legislation amended so Ottawa could step in and order arbitration before any work stoppage occurs, a move the union says undermines collective bargaining rights. The Liberal government's Bill C-39 currently clarifies a minister's power to order a return to work or arbitration, but only after a strike has started.

Teamsters Canada president Paul Boucher argued that governments should not intervene in labour disputes. He said the industry's request would strip workers of their fundamental right to strike. "It's against our rights to free collective bargaining," Boucher said in a phone interview from Toronto. He explained that the threat of a job action is crucial for union leverage during negotiations. "Taking that right away and going straight to arbitration does not put that pressure on the companies," he said.

The railways and other transport companies like WestJet argue that the mere threat of a strike can paralyze operations. They contend that allowing arbitration ahead of time would prevent massive disruptions in critical sectors. The Railway Association of Canada, which represents CN and Canadian Pacific, has warned of "significant damage" from work stoppages if Bill C-39 proceeds without changes. "The government needs effective legal tools to protect all Canadians," the industry group said in a release. It added that a balance can be struck "in a way that fully respects collective bargaining and Canada’s Constitution." The Senate special committee is currently examining Bill C-39, which proposes new ministerial powers to end work stoppages in federally regulated industries. Labour leaders have consistently warned that the bill threatens the right to strike. Yadude Books reported in October that the Canadian Labour Congress is preparing a coordinated national response should the bill pass without amendments sought by unions.

With files from The Canadian Press, Narcity and Toronto Star