30 April 2012

TCRC - CP Negotiation Bulletin No. 11

Vancouver British Columbia - Brothers and Sisters,
 
Your Bargaining Committee, along with Sisters Shelly Brownlee and Kari Essery of the TCRC-RCTC General Committee, met with the Company in the presence of Federal Mediation and Conciliation Services (FMCS) in Vancouver commencing 16 Apr 2012.
 
We met every day with the Company in an attempt to settle your issues such as fatigue management, structured time off work, and methods to balance the work time versus your home time. The Company has not agreed to anything in your favour, and so we have not made the progress we had hoped for, even with the assistance of conciliators.
 
The present investor fight within the Company has clearly affected the Collective Bargaining strategy for them. The public fight with the American investors has dominated the news media and we believe it is also dominating management's thoughts and distracted their attention at the bargaining table. Management seems consumed by the operating ratio debates and public quarreling with the American investor. Their concessionary demands at the bargaining table are designed to reduce your pension value and your working conditions so they can deliver something to satisfy the shareholders. It is also clear to us that CP is relying on the Federal Government to eventually take action against the Union members and to help CP.
 
Eventually the conciliators suggested to the parties on Thursday, 26 Apr 2012, that we end that session, but to get back and try again after a short break. We agreed, and have scheduled another bargaining session for the week of 7 May 2012. As the conciliation period has effectively ended, our next session will be held during the 21 day "cooling off" period as stipulated within the Canada Labour Code. The cooling off period expires 22 May 2012, putting the parties into a possible strike or lockout position effective 00:01, 23 May 2012. The TCRC wants to come to a negotiated agreement that we feel would be acceptable to you. It is in the spirit of good faith bargaining that we have agreed to another round of meetings in the cooling off period, as we try to get a negotiated settlement.
 
As stated in an earlier bulletin, we filed charges with the Canada Industrial Relations Board (CIRB) against the Company for bargaining in bad faith. Our legal counsel has informed us that these charges are being administered by the CIRB and are presently being held in abeyance following the submissions of both parties. We will update you on the progress in this matter when further information becomes available.
 
We continue to be supported fully by Teamsters Canada and appreciate their ongoing assistance and guidance. The pension actuaries and other professionals that they have provided and recommended to us are a valuable source of advice and direction.
 
The Company claims they are the smallest of the Class I Railways within North America. CP also claims to be number one in safety. However, reality is that you, the workers, are what make safety a priority. We urge all of you, particularly during this difficult time to keep your minds on your jobs and continue to be the safest Railway workers anywhere in North America. Please continue your commitment to safety and to operate in the safest manner possible, do not allow negotiations to distract you in any way.
 
We also urge you all to contact your local Member of Parliament and voice your opposition to any government intervention into the bargaining process. Ask them to allow you the members and the Company to work this out and for you to have your freedom to bargain your working conditions with the employer without Government action.
 
Your continued support and understanding is appreciated and your Bargaining Committee remains committed to negotiating an agreement that you will find acceptable.
 
Your Bargaining Committee will keep you informed on any further developments.
 
In Solidarity,
 
Dave Able - General Chairman, LE West
Dave Olson - General Chairman, CTY West
Benoit Brunet - General Chairman, LE East
Bruce Hiller - General Chairman, CTY East.