Rail workers union launches legal challenge to binding arbitration order

The union representing thousands of railroaders has appealed the moves that ended the rail shutdown last week — a work stoppage that halted freight and commuter traffic across the country.

In filings to the Federal Court of Appeal, the Teamsters union challenged directives for binding arbitration issued to a labour board by federal Labour Minister Steven MacKinnon last week, less than a day after the lockout of 9,300 workers by Canadian National Railway Co. and Canadian Pacific Kansas City Ltd.

In response to MacKinnon’s instructions, 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.

As well as the government directive, 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,” Boucher said in a news release.

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.

“CN would have preferred a negotiated settlement,” said CN spokeswoman Ashley Michnowski in an email.

“However, after nine months of attempting to reach a settlement, it was evident that the Teamsters were not looking for a resolution and were happy to keep applying pressure by inflicting damage to