Reading the universally terrible mainstream news coverage of the continuing negotiations between the Teamsters Canada Rail Conference and Canada’s two largest rail corporations, not to mention angry commentary by anti-union business groups and increasingly hysterical statements by Alberta’s United Conservative Party government, you’d think the looming national rail shutdown had been caused entirely by a bunch of greedy union bums.
You’d certainly never understand from most media reports that bargaining between the rail workers’ union and Canadian National and Canadian Pacific were completely separate negotiations, or that the two corporations appear to have been working together to create a national crisis in hopes of forcing the federal government to intervene and impose a collective agreement in their corporate interest.
So if there’s a near total national rail shutdown tomorrow, which will have real economic impacts, it will be largely the result of the machinations of the two corporations and it will be driven principally by a lockout, not a strike.
We can thank former Saskatchewan Federation of Labour President Larry Hubich for, as he put it, helping everybody connect the dots in a short thread on social media Monday.
After an introductory tweet, Mr. Hubich broke the reasons for the looming national rail shutdown into six simple points in clear language that sweep aside a lot of the confusion caused by the consistently murky reporting of labour issues typical of Canadian media.
First, he explained, for the first time in history a bargaining impasse between CN and its unions and CP and its unions has occurred simultaneously.
Next, this is not a coincidence, nor was it orchestrated by the Teamsters Canada Rail Conference.
Remember, the union served mandatory strike notice to only one company, Canadian Pacific.
When it did, Canadian National, Canadian Pacific’s principal competitor, served lockout notice on the union.
“That tells me that the union was prepared to impact only 1 railway at a time with the dispute by staggering any job action but the employers are in cahoots,” Mr. Hubich explained one of his tweets.
The likely reason? Because the Federally Regulated Employers – Transportation and Communications employer group and like organizations “have got heartburn over the fact that the Supreme Court of Canada ruled the right to strike is constitutionally protected in SFL v Saskatchewan. They don’t like it.”
Saskatchewan Federation of Labour v. Saskatchewan was probably Mr. Hubich’s greatest accomplishment during the 16 years he led the SFL. The federation took the province’s far-right Saskatchewan Party Government all the way to the Supreme Court of Canada.
In January 2015, after seven years of litigation, the court struck down the Saskatchewan Government’s Essential Services Act and ruled that the right or workers to strike is protected by Section 2(d) of the Canadian Charter of Rights and Freedoms – which protects the fundamental right to freedom of association, including the right to associate to bargain collectively.
“Employer groups/associations hate that workers have constitutionally protected rights and they want that stopped,” Mr. Hubich concluded in his final tweet. “They are prepared to create economic and political chaos so they don’t have to bargain fairly with workers. They want government to do their dirty work. You pay.”
Mr. Hubich retired in 2018.
By contrast, the Government of Alberta’s statement is intended to mislead in the service of two goals – attacking the right of working people to bargain collectively and finding any old excuse to take a kick at the Liberal federal government of Prime Minister Justin Trudeau.
“The federal government has created a labour crisis in Canada,” Alberta Transportation Minister Devin Dreeshen began tendentiously in the government statement. “First the British Columbia ports, then WestJet, now the railways. It is one strike after another.
“These continuous strikes are eroding Canada’s reputation around the world as a reliable trading partner. The federal government must fix the labour problems it has created and exercise its responsibility to ensure labour stability within federally regulated transportation workplaces.”
What does Mr. Dreeshen propose? Ignoring the rail workers constitutional right to bargain collectively and sending them all back to work with a crappy deal that leads to more disruption, presumably. He doesn’t usually put that part in words, though.
By contrast, media coverage is not so much dishonest as ignorant – most reporters seem neither to understand the current situation, nor have any knowledge of labour relations. Many don’t even understand the difference between a strike and a lockout!
But they’ll write down anything a government official says and put it in the paper – except, of course, that there’s no paper anymore. More’s the pity.
Back in the day, when there were newspapers, those of us in that business used to say: “We have an unwritten contract with our readers. They pay a dime and we explain everything.”
That unwritten contract, alas, has gone the way of straw boaters and spats, the kind you wear on your feet. (That’s a pity too, but I digress.)
Nowadays, an online newspaper subscription will cost you a lot more than a dime and explain a lot less.
Thankfully, we still have people like Mr. Hubich around who are willing to come out of retirement and step up to explain how things really work.
As for the storied CPR renaming itself Canadian Pacific Kansas City, this is a disgrace and an insult to Canada’s history of resistance to our neighbour’s concept of Manifest Destiny, which is now closer to realization than ever. As W.C. Fields once asked, “Is this Kansas City, Kansas, or Kansas City, Missouruh?” That once storied, now nominally Canadian railroad company will never be referred to by that name here.
This reminds me of the time Licia Corbella was publishing lies about Rachel Notley and the NDP, before the last provincial election in Alberta. It took academics from universities to point out her errors, because Postmedia wouldn’t do it.
Here we have more lies being spewed by the media, who sucks up to the UCP, the, Saskatchewan Party, the PCs in Ontario, the CPC, and any other of these phony Conservatives and Reformers.
Way back when, when you read columns in a newspaper, or anything else in them, you knew what you were reading had accuracy and truth to it. These days, it’s far from it. If any of these online newspapers have a comment section, it shows people attacking those who do not support these phony Conservatives and Reformers.
Recall that Supreme Court decision well. Some of us were thrilled. It set Unions and their members free.
The various “news media” has been reporting on the impending destruction of Canada, its economy, its position in the world, and its all Trudeau’s fault. Then we hear from the various employer groups who aren’t involved in this strike, just various lobbying groups from various industries. They too are talking like the end of the world is coming, sort of like Russia had decided to invade us.
As I am listening and reading all this b.s. it was clear to me, it was the employer who was going to cause all the alleged problems because they were the ones locking out the workers. The Union had not given any strike notice that I’m aware of.
If keeping the rail roads running is so important in this country you’d think the employers would not be in such a rush to lock out its workers. They’d have a little loyalty to their country and businesses. But no. So its nice to see the explaination.
One of the demands from the employers is that they would be able to transfer workers where they needed to be due to operational demands. Sort of like what B.C. Tel/Telus did back in the day. i.e. you’re told your job is being transferred to Calgary and you are to report to your job there in two weeks. How very lovely that the railways want to do that. Its 25 to 30 years down the road that happened. The rail companies need to under stand many of their staff are in domestic partnerships with children and other family responsibilities. In most two parent families, both work. Now the railways want workers to move when ever the employer wants them to. First of all, the domestic unit will most likely refuse, they have a career and they’re not giving it up. The career may also pay more than the railway worker is paid. They will also have interests, friends, doctors in their current location. Children–the short people who you have to feed and raise and ensure not too much negatively impacts on their development. Moving them to a new community with different ways of doing things, might not find the right sports teams to play on, no friends around, leaving other members of their extended families behind and going some where they don’t know any one. Like really who the hell wants to move from Greater Vancouver to Winterpeg or Toronto or Quebec. Quebec is a whole other country–different language, different culture, health care — only french is to be spoke. Gee what could go wrong there. We then have workers who have aging parents that they look after. Real estate is a little different in Canada than it was in the past–some areas of the country people simply could not afford to move given the cost of housing. Doubt if the employer is going to give the workers a paid move, pay real estate fees, put them in hotels until their belongings arrive.
What it actually looks like to me is an attempt to get rid of employees they no longer want. Tell them their job is now in “where ever” and they will quite. They are then free to hire workers who they can pay less, not be as interested in Unions, and even perhaps try to have the Union de certified.
Boys and girls at the railway companies. Get a grip and get with the agenda. Its 2024. Workers no longer force their families to move just because the employer wants them to. The rail ways are either too stupid or too out of touch or they have hit a method which might enable them to get rid of long term workers.
And stop blaming Trudeau for this along with all sorts of events. There are other countries which have the same problems as Canada. We are not alone. Now it may be some of the Trudeau haters think his power is so great he can “ruin” other countries, but trust me, its beyond his power. He also isn’t interested.
and yes the media these days don’t know how to do their jobs or the employers — financial groups just one view point going out to the general public.. It works for awhile, but we now have things like computers and newspapers, blogs, etc in Canada and around the world. You can find out if you’re being lied to by a large employer. given all the benefits these railroads have had from the Canadian government they may want to play a tad nicer
This morning my boss was ranting about Trudeau being to ‘timid’ to stop the workers stopping the trains (they didn’t). Tomorrow I’ll probably have to listen why Trudeau is the devil incarnate for doing what he wanted! No winning with the UCP in Alberta.
Note; didn’t happen. The subject just never came up. And I’m not going to.
The hypocrisy oozing from Alberta’s TBA government is breathtaking. They encourage and condone a domestic terrorist blockade but whine about legal collective bargaining and blame employer actions on employees and the feds. Sick.
Thanks for this, David. I’ve been following this story on the margins and this piece really clarifies what is going on.
The main stream media coverage related to this labout dispute is a good example of how traditional media is failing our society now.
It no longer has the resources or the desire to enlighten people about issues or problems, so we get the bread and water equivalent of news, some basic facts with a bunch of opinion butter or mayonnaise in between. No wonder there is so much social division, because we can no longer agree on the facts because we barely know what they are.
So we have struggling media remnants like Postmedia who are increasingly irrelevant to public discourse, but strangely refuse to go away and possibly be replaced by something better, perhaps being propped up by those with money and a political agenda.
Into this information almost vacuum all sorts of others jump in, including politicians with their own agendas and perspectives. It used to be that journalism and the facts restrained them, but heck now they can just make things up often unchallenged.
Yes something is badly broken now when it comes to our mainstream media remnants and it is leading to a lot of confusion and social division.
Not too strangely, the UCP comrades and the “press” coverage [entertainment organizations beholden to advertising for their livelihoods, and union members do not spend $$ on advertising, but on groceries, mortgages, natural gas, electricity, school supplies, and other such ‘menial things’] totally ignore the other side of the bargaining complex – employers. As if that group can do nothing wrong somehow! As if their demands, never mentioned, are only and always appropriate and best for employees – no mention that executives and shareholders compensation are really what matter!
From a former Chapel Chairperson.
Bruce: Since I was seated at the head of the table, I told some of my union brethren (a category that included some sisters) recently that I would be acting as Father of Chapel. Nobody knew what I was talking about. DJC
Cool and thanks
I’ve learned a new term
I’m sure others will mention a certain blockade of goods and transit at the Coutts border crossing in 2022, one that Alberta’s UCP government seemed in no rush to resolve, despite actual economic harm. That one did not involve a union, nor was it legal. Shall I point out that recent labor disputes were resolved legally by following the processes in place under the law? Wouldn’t it be easier for corporations to negotiate with workers’ representatives in good faith in the first place? Why is it they don’t seem to want to do that? Does it have something to go with importing cheaper labour from outside the country to drive wages down?
Devin Dreeshan is a pathetic little skidmark that no one listens to, the only reason he’s in cabinet is because he’s a legacy and basically unopposed in his riding as a result. He’s a little bobble head just riding along on the UCP dashboard of doom, contributing nothing but an air of smug princeling privilege.
Screw the bosses, up the workers. The unions have broad public support as we’ve seen recently with port and airline strikes and the rail cartels in this country should be broken into a thousand pieces anyway. Hold their feet over the fire till they scream.
It’s always been my experience as a former Royal Bank Manager that if companies treat their employees properly there is no problems like strikes. A perfect example is the Alberta Treasury Branches who are unionized and have never been on strike. What upset many CN employees that I was involved with years ago was the outrageous wage increases being paid to their executives while they were being told they didn’t deserve any .
As a former union steward I can say getting to being on strike is extremely difficult. Workers all know 3 or 4 days of strike time will negate the value of a pay increase. So, if your workers go out on a legal strike management may be certain there are issues. The news coverage on CP and CN is sloppy, as both are reported to be on strike. CP was issued strike notice by the union, and CN management locked out their workforce. That is a bit different. As for the UCP I presume they are following the book of Premier Maurice Duplesis, but I’ve always said Alberta has more than a passing resemblance to 1950’s Quebec at times, at least in terms of its backwardness.
This morning my boss was ranting about Trudeau being to ‘timid’ to stop the workers stopping the trains (they didn’t). Tomorrow I’ll probably have to listen why Trudeau is the devil incarnate for doing what he wanted! No winning with the UCP in Alberta.
Sorry, double post. Fumbled the keys.
Huh? DJC
Hello DJC and fellow commenters,
I was listening to cbc radio 1 going home show to-day in Halifax and there was an interview with Professor Curran, who is a professor of law at the University of Manitoba, about the railway strike situation. I heard most of the interview, but not all of it. Unfortunately, Professor Curran’s opinion piece in the Globe and Mail is behind a pay wall. I haven’t read it, so my information is from the interview.
Professor Curran was explaining that a major issue for the union is safety. He said that the union wants the railway companies to implement greater safety improvements than the federal minimum, and the railway companies, are not willing to do this.
From my recollection and items that I have read in the past, safety on the railways is a serious issue and the railways try to skimp on paying to improve safety for workers. Two incidents some to mind. One was an article about a railway engineer I think, who had a serious near miss near Field on the route through the mountains to the B C coast. Soon after that, there was a serious derailment at almost the same location and 3 workers – the engineer, the conductor, and a trainee – were killed in the derailment. (link to the article is below)
The other incident is the Lac Megantic tragedy. Apparently, company policy said that the automatic brake would not be set. Disengaging the automatic brake takes up to an hour and that would delay the train’s start time. A link to a longish article from Desmog is below. About the 7th and 8th paragraphs from the end of the article explain this.
https://www.rmoutlook.com/lake-louise/veteran-train-engineer-warned-of-field-train-derailments-8186423
https://www.desmog.com/2018/01/23/rail-workers-acquitted-trial-deadly-lac-megantic-oil-train-disaster/
The day that national transportation services were privatized and corporatized can only be considered of darkest days. When the national economic interest in put in the hands of corporate brigands and (worse) their short-sighted and idiot shareholders, it truly was the end of days. Personally, I’d take the whole lot back in a massive Stalinist-like purge, with all the trimmings (Yes, even the infamous mass-drownings.) and run the railways in — first and foremost — the nation interest.