General Committee of Adjustment CP West
July 31, 2024 - All TCRC Members,
The following is a brief update on National negotiations, and what to prepare for in the coming days leading to August 9th.
Our previous update explained the Minister’s referral and that the Union’s right to withdraw services was frozen while the CIRB investigates all three maintenance of activities agreements (CN and CPKC Running Trades, and CPKC RTCs). To update, no decision in this regard has been released. The Board has conveyed they will rely on the written submissions only (no oral hearing required), and that it intends to communicate the decision by August 9th.
What can we expect on August 9th? That is an impossible question to answer with any certainty. You will recall the TCRC voluntarily offered to stagger the cooling off periods after the decision, to separate the possibility of both carriers being in a work stoppage scenario simultaneously. You will also recall that offer was rejected by both carriers.
Both CN and CPKC’s written submissions to the board have requested 30-day extensions from the decision. There is no way of accurately predicting whether the board will grant those requests.
Alternatively, if no extension(s) are granted from the board our legal counsel has advised that the freeze is lifted, and any party can then serve 72 hours notice to legally lockout or strike. To be clear, a decision in this regard remains within the jurisdiction of each bargaining committee; also within their purview is how that decision will be released. The Code simply outlines how either party can legally begin a work stoppage if they so choose.
The TCRC’s goal has always been and remains to achieve a negotiated settlement. There have been recent attempts to re-start the negotiation process – CN has agreed, and the parties will be meeting next week (starting August 7th). CPKC has signalled there was little reason to meet until the board’s decision is released. Considering the TCRC’s experience at the bargaining table in May it was agreed there would be little sense in commencing bargaining unless CPKC was fully committed to engaging in the process. The TCRC has also made its position known to FMCS that it would not accede to any conditions on the bargaining process from CPKC.
What the TCRC can fully promise is that any decision – be it continuing to negotiate or to withdraw services will be conveyed to the membership. Each bargaining committee will make their own determination at the appropriate time and inform their specific members of the outcome.
As relayed previously, the Canada Labour Code outlines that strike votes conducted by the Union are valid for 60 days. The second vote was concluded and set to expire August 28th. As before, if we require a third vote to protect the membership’s rights we will do so. The process will remain the same and be handled by electronic means.
The TCRC asks for the membership’s patience during the lead-up to the board’s decision. We know the determination to be respected is as strong as ever, which in turn continues to push each bargaining committee’s resolve. Although the process has been delayed it does not diminish every member’s right to a fair, negotiated settlement.
As always, developments will be relayed to the membership through all means available. Please download the TCRC App as the quickest and most comprehensive source in this regard.
Thank you for your attention to this matter, we remain,
In Solidarity,
In Solidarity,
Dave Fulton
General Chairman - CTY West
Greg Lawrenson
General Chairman - LE West
Wayne Apsey
General Chairman - CTY East
Ed Mogus
General Chairman - LE East
Mark Kernaghan
General Chair
TCRC Central LE
Jean-Michel Hallé
General Chair
TCRC Lines East LE
Jason Bailey
General Chair
CP RCTC
KC James
General Chair
TCRC West LE
Jim Lennie
General Chair
TCRC Central CTY
Ray Donegan
General Chair
TCRC West CTY
Alain Gatien
General Chair
TCRC Lines East CTY
Paul Boucher - TCRC President
Ryan Finnson - TCRC Vice
President
Chris Lowe - National Secretary-Treasurer - TCRC
Don
Ashley - National Legislative Director - TCRC