As you may recall the TCRC (CN – CTY), recently filed an unfair labour practices complaint against CN Rail pursuant to Section 97 (1) of the Canada Labour Code to the CIRB, this in regards to, among other things, contempt of cease and desist orders concerning Articles 41 and 51 of Collective Agreement 4.16
In addition to the complaint filed pursuant to Section 97 (1) the TCRC (CTY) further submitted an emergency application under Section 19.1 of the Code.
CN recently responded to the 19.1 portion of the complaint. The response was in PDF format and, as of this date, I have been unable to post on my blog. In brief, however, CN argues that;
1. The complaint is not timely,
2. And, according to CN Officer, Doug Van Cauwenbergh, “CN is not involved in any form illegal, unfair or abusive practice against the content of the Collective Agreement or the TCRC itself. “
3. CN has attempted to discuss the issue but the Union refused to meet,
4. There are over 500,000 road starts and, compared to the grievances filed, demonstrates no massive violations of the Collective Agreement provisions,
5. The arbitration process is the proper forum in which to address the issues raised by the Union,
6. The Board and the Union are well aware of CN’s ongoing efforts to ensure proper compliance of the directives of the Board to comply with the cease and desist orders etc.
CN argues that the Board should not issue any emergency orders because;
i) There is no existence of a serious question to be determined,
ii) An interim order is not necessary in order to avoid a serious or irreparable injury of such a nature as to render the final judgment ineffectual; and
iii) There needs to be first an assesment of the balance of convenience for all parties concerned.
The TCRC (CTY) reply to the CN submission will be posted when received (anticipated early next week).
Rex Beatty
