Railways won't have to maintain service in the event of a strike: industrial relations board

The Canada Industrial Relations Board (CIRB) says that CN Rail and Canadian Pacific Kansas City (CPKC) will not be expected to maintain service in the event of a a strike or lockout because rail service is not considered «essential» under the Canada Labour Code.

The roughly 9,300 employees represented by Teamsters Canada at the two railways now have a strike mandate. The CIRB has ordered a 13-day cooling off period for both sides and a strike can't take place now before Aug. 22.

Back in May, then-labour minister Seamus O'Regan asked the CIRB to look into whether service should be maintained during a strike or lockout.

In its ruling, released Friday, the CIRB said that while what constitutes an «essential service» might seem self-evident, the Canada Labour Code's definition is specific.

The CIRB said it had to decide whether an interruption of rail service would result in an immediate, serious threat to public health and safety under the law.

The board concluded that a work stoppage would not present an immediate threat to public safety because previous work stoppages involving the parties presented no such threat, and no party brought forward convincing evidence to the contrary.

«There is no doubt that a work stoppage at CPKC/CN would result in inconvenience, economic hardship and, possibly, as some groups and organizations have suggested, harm to Canada's global reputation as a reliable trading partner,» the CIRB decision says.

«While such possible harm is by no means insignificant, these are not factors that are to be considered by the Board when addressing a referral under section 87.4 of the [Canadian Labour Code].»

Posting on the social media platform X, Labour Minister Steven MacKinnon said the parties involved have a