Manitoba rail worker dismayed by ruling ending strike as expert warns of concerning precedent

A Manitoba rail worker is disappointed by a ruling ordering thousands of his fellow workers back to the job, as the union that represents them vows to fight the decision in court.

The Canadian Industrial Relations Board announced Saturday it is granting a request by federal Labour Minister Steven MacKinnon to enforce binding arbitration between the Teamsters Canada Rail Conference (TCRC) and the country's two largest rail companies: Canadian National Railway and Canadian Pacific Kansas City.

"We're being sent back to work without a chance [for] our legislators getting involved to have a debate about back-to-work legislation," said Matthew Yanchuk, chair for engineers with the TCRC Division 76 in Winnipeg.

His comments echo those from the union's national leadership, which has said the decision sets a "dangerous precedent."

More than 9,000 rail workers were ordered to return to work by Monday at 12:01 ET, ending a labour lockout that brought rail shipments across the country to a standstill.

MacKinnon made his request under Section 107 of the Canadian Labour Code, which allows the government to refer labour disputes to the board.

The union questioned whether the request was constitutionally valid. In its decision, the federal labour board said it did not have the "discretion or ability to refuse to implement" MacKinnon's direction.

Ruling has big implications: Expert

David Camfield, professor of labour studies at the University of Manitoba, called the decision "very concerning," as it circumvents even the "minimal democratic process" of passing a law to end the dispute.

"The right to strike is a constitutionally protected right. What has happened here is that the right has been trampled on, not by legislation, but through this administrative means," he said.

"Years from now … it may well be found that there's been a unconstitutional action here. But in the meantime, the workers have been deprived of the right to withdraw their labour as part of trying to negotiate new collective agreements."

The order has implications for all negotiations in federally regulated industries, including current contract discussions between Air Canada pilots and their employer, as well as those between the Canadian Union of Postal Workers and Canada Post, Camfield said.

Meanwhile, he said, rail workers now face having their dispute solved through binding arbitration, which experts have told CBC News is not particularly well suited to dealing with major sticking points on things like scheduling, shift lengths and rest periods.

"I'd be surprised if the employees are able to make gains on that," Camfield said. "Arbitrators are typically fairly cautious on dealing with issues that aren't all about money."'

That's a concern as well for Yanchuk, who is an employee at CPKC.

"We have a difficult working environment with difficult scheduling, and that leads to a lot of conflict over what's fair and what isn't fair," he said.

"We're obviously trying to have the best quality of life we can under the circumstances."

CPKC workers went on strike Thursday, at the same time as the lockout began. CN workers were set to join them Monday before the board issued its ruling.

Yanchuk said the mood on the picket line had been pretty positive.

"We were happy to go out and do what we needed to do to support our cause," he said. "Some of the things that the company is proposing are less safe. That's our opinion."

The Western Grain Elevator Association has said the industry loses between $55 million and $66 million in sales per day when its products can't move, and that every day of the stoppage caused about a week in further delays.

"I understand there's concerns about workplace safety and other issues, but I think the other thing we got to realize is that transportation is essential to this country," said Charles Fossay, a farmer in the Starbuck area.

"A billion dollars a day of goods move up and down the railroads, and a lot of companies depend upon the railroad to deliver goods in a timely manner."