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CP 9710 heads a train into Banff Date unknown Ken Kaminesky.
28 March 2013
CP Recognizes CIRB
Cease and Desist Order
Ottawa Ontario - Late in the evening of 26 Mar 2013, CP Rail delivered a letter to the Teamsters Canada Rail Conference (TCRC) General
Chairmen representing Locomotive Engineers, Conductors, Trainmen, and Yardmen, recognizing the unanimous decision of the Canada Industrial Relations Board
(CIRB) dated 22 Mar 2013, following a hearing in Ottawa on 18 Mar 2013 before the Board Panel.
In September 2012, Canadian Pacific, who is now being controlled by former CN CEO Hunter Harrison, initiated the cancellation of negotiated Local Agreements
across the country, and began to implement their own terms and conditions. The TCRC General Chairmen filed a complaint with the CIRB and on 19 Oct 2012 the
Board issued an interim cease and desist order to the employer. On 19 Dec 2012 the CIRB issued their decision on the Union complaint and found Canadian Pacific
had violated Section 94(1)(a) of the Canada Labour Code, and among other things they ordered Canadian Pacific to indefinitely cease and desist from
implementing wholesale cancellation of Local Rules.
Canadian Pacific immediately began their cancellation notices again, and would not cease or desist from this activity causing the Union to return to the CIRB
who scheduled another hearing with the parties. Within the 22 Mar 2013 CIRB Decision, the Board Panel clearly understood the concerted actions of Canadian
Pacific and stated: "the Board has no difficulty in finding that the employer has failed to comply with Order no. 699-NB, and that given the
employer's past conduct, there is every likelihood that it will continue to fail to comply with the order in the future."
Within its decision the Board noted there is an expectation that its orders are to be obeyed. The Board indicated it is rarely called upon to file its Orders
with the Court, as the filing of a Board Order in court is a measure of last resort and the Board will not lightly subject parties to these measures unless it
is clear there is no other enforcement mechanism to ensure compliance with the order and the objectives of the Code.
However, at the request of the TCRC General Chairmen the Board immediately filed its Order with the Federal Court of Canada where enforcement of that Order can
now be made. The Order, unprecedented in the Railway industry, now has the same force and effect as a judgement obtained in the Federal Court and can be
enforced as if the Order were a judgement of that Court.
Canadian Pacific has admitted to the TCRC General Chairmen they are now reinstating the local rules at the various terminals.
The Teamsters Canada Rail Conference General Chairmen at Canadian Pacific, assisted by their network of Local Chairmen throughout the country, will continue to
insure the employer remains compliant with the Orders of the CIRB, and will take the necessary remedial action should the employer violate the
law.
The Teamsters Union represents 125,000 members in Canada in all trades. The International Brotherhood of Teamsters, with which Teamsters Canada is affiliated,
has 1.4 million members in North America.
Stephane Lacroix - Director of Communications Teamsters Canada.
Vancouver Island
British Columbia
Canada
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