The Government of Canada is using its legislated powers to put an end to unprecedented shutdown of CN and CP's railways.
This intervention, a direction to the Canada Industrial Labour Relations Board (CILRB), requires the two railway companies and the union to enter into binding arbitration and requires workers to go back to work and restart the railway operations.
No, it is binding, just neither of the parties agreed to send it to arbitration. Which I’d say is worse but arbitration always ends with an outcome that’s shitty for both sides.
Honestly I’m not 100% sure. For context I’m in a much smaller union for a different essential service. Decades ago we (not me personally, I was a kid) were legislated back to work and the arbitrator decided to slip in a binding arbitration clause to our contract. The point is, we aren’t allowed to strike and from my understanding of an illegal strike there could be fines for the union, fines for the members striking, and possibly jail time for union leadership. Obviously they could likely fire everyone with cause, but that would be a terrible decision when they’re already struggling with retention of qualified people. Everyone could decide to quit at the same time, it’s not a strike if you aren’t employed, but that won’t really help anyone, especially if you have specialized skills. In this case you can’t really just go get a job as a railway engineer somewhere else.
Maybe check back with me in 2026, depending if our relationship with management gets better or worse I might have some more relevant first hand experience.
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It is going to arbitration, which seems like a funny way to resolve it but yeah.
It’s going in forced arbitration. Big difference here.
If both parties agreed to do arbitration, it would be dandy.
But nowadays, the government is eager to shut down any strike with special laws sprinkled with bullshit, and fuck over the workers’ right to strike.
Is that different than binding arbitration?
No, it is binding, just neither of the parties agreed to send it to arbitration. Which I’d say is worse but arbitration always ends with an outcome that’s shitty for both sides.
So what if they continue to refuse to work after that if the contract is bad? Police are going to force them to work? Isn’t that slavery?
Honestly I’m not 100% sure. For context I’m in a much smaller union for a different essential service. Decades ago we (not me personally, I was a kid) were legislated back to work and the arbitrator decided to slip in a binding arbitration clause to our contract. The point is, we aren’t allowed to strike and from my understanding of an illegal strike there could be fines for the union, fines for the members striking, and possibly jail time for union leadership. Obviously they could likely fire everyone with cause, but that would be a terrible decision when they’re already struggling with retention of qualified people. Everyone could decide to quit at the same time, it’s not a strike if you aren’t employed, but that won’t really help anyone, especially if you have specialized skills. In this case you can’t really just go get a job as a railway engineer somewhere else.
Maybe check back with me in 2026, depending if our relationship with management gets better or worse I might have some more relevant first hand experience.