Canada’s labour tribunal calls rail shutdown end order ‘unprecedented’

Canada’s labour tribunal says the federal government’s directive to end the countrywide rail shutdown in August marked an “unprecedented” move.

In a new document explaining its decision, the Canada Industrial Relations Board said Labour Minister Steven MacKinnon’s instruction that the quasi-judicial body halt work stoppages and start binding arbitration amounted to an order.

The tribunal says MacKinnon effectively directed the board to end the strikes and lockouts at Canadian National Railway Co. and Canadian Pacific Kansas City Ltd.

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However, it also says the labour minister was simply using his “discretionary powers” under the Canada Labour Code, and that the board had no leeway to refuse the directive in this case.

Union members and labour advocates have criticized the move, saying it undermined workers’ negotiating leverage and bargaining rights.

MacKinnon has said he supports collective bargaining but that the directive was needed to limit the fallout of a work stoppage that halted freight and commuter traffic across the country.