e-5188 (Employment and labour)

Petition to the Government of Canada

• The Canadian Charter of Rights and Freedoms exists to ensure the government or anyone acting on its behalf does not interfere with the rights and freedoms of Canadians;
• Section 2(d) of the Charter affirms the right to freedom of association and protects the collective action of individuals in pursuit of common goals when engaging with more powerful entities; including the right to bargain collectively, which requires the ability of employees to participate in the collective withdrawal of services;
• June 14, 2024, Canadian Industrial Relations Board (CIRB) received submissions from Canadian National Railway (CN) and Canadian Pacific Kansas City (CPKC) stating “a work stoppage at CN/CPKC would not cause immediate and serious threat to the safety and health of public”;
• August 9, 2024, CIRB concluded work stoppage at either carrier would not result in an immediate and serious danger to the safety or health of the public;
• August 15, 2024, the Minister of Labour rejected CN’s request for binding arbitration arguing “it was a shared responsibility to bargain in good faith”;
• August 22, 2024, members of Teamsters Canada Rail Conference (TCRC) at CN/CPKC were locked out by their employer; and
• August 23, 2024, the Minister of Labour directly interfered with the Charter rights of TCRC by invoking Section 107 Canadian Labour Code directing CIRB to end the work stoppage and impose final binding arbitration.