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441-00263 (Transportation)

Paper petition

Original language of petition: English

PETITION TO THE GOVERNMENT OF CANADA

We, the undersigned residents of the Province of Saskatchewan, wish to bring to your attention the following:

WHEREAS:

The looming rail labour disruption threatens the movement of goods through this country;

The supply chain is already stressed and experiencing performance issues because of compounding pressures like the pandemic, severe weather disruptions and labour shortages;

Rail service is an integral part of the supply chain, and industries depend on reliable service in this already challenging economy; and

Even a minor labour disruption will result in lost contracts, shutdowns, lost revenues and reduced taxation revenues to the Governments of Canada and Saskatchewan.

Therefore, the undersigned call on the Government of Canada to:

1. Immediately implement back-to-work legislation should a work stoppage and disruption of rail service occur; and

2. Introduce legislation to designate rail service as an essential service to prevent future rail disruptions caused by labour disputes.

Response by the Minister of Labour

Signed by (Minister or Parliamentary Secretary): TERRY SHEEHAN

The Government of Canada is committed to free collective bargaining as the basis for sound industrial relations. It respects and has faith in the collective bargaining process and firmly believes that the best deals are the ones reached by the parties at the bargaining table.  To that end, it extends the services of the Federal Mediation and Conciliation Service (FMCS) to support trade unions and employers in their negotiations and to help them resolve their disputes. The FMCS was established to provide dispute resolution and dispute prevention assistance to trade unions and employers under the jurisdiction of the Canada Labour Code.

While the Government recognizes that a work stoppage can have deleterious effects on third parties, it respects the right of trade unions and employers to strike or lockout, as the case may be, in order to resolve a collective bargaining dispute.  This right is provided for in the Canada Labour Code and the Government respects this right.

In the case of recent collective bargaining negotiations between Canadian Pacific Railway and the Teamsters Canada Rail Conference, the parties remained at the bargaining table and, with the assistance of FMCS mediators, were able to reach an agreement on March 22, 2022, following a

one-and-a-half-day strike and lockout.  The work stoppage ended with the parties’ agreement to resolve their remaining collective agreement provisions through binding arbitration.  Normal business operations have resumed and will continue during the arbitration period, at the end of which a new collective agreement will be established.

Regarding designating rail service as an essential service, Part I (Industrial Relations) of the Canada Labour Code does not designate any industries as essential, nor does it give the Minister of Labour or the Government the power to designate any services or industries as essential (e.g., by regulation). Instead, section 87.4 of the Canada Labour Code requires employers and unions to maintain any of their activities that are necessary to prevent an immediate and serious danger to the safety or health of the public. If there is a dispute about which services need to be maintained, the parties or the Minister can apply to the Canada Industrial Relations Board to determine which services need to be provided in order to comply with the provision.

In the recent work stoppage at Canadian Pacific Railway, the parties themselves agreed they did not need to maintain any services in order to comply with section 87.4 and the Government respects their decision.

Presented to the House of Commons
Gary Vidal (Desnethé—Missinippi—Churchill River)
March 23, 2022 (Petition No. 441-00263)
Government response tabled
May 6, 2022
Photo - Gary Vidal
Desnethé—Missinippi—Churchill River
Conservative Caucus
Saskatchewan

867 signatures

Only validated signatures are counted towards the total number of signatures.