All TCRC Local Chairs
CPR Eastern and Western Regions:

On Friday February 17, 2012 CP Rail served notice of dispute to the Minister of Labour concerning our current round of collective bargaining. This means that our bargaining with the Company is now on hold until the Minister considers the options as stipulated under the Canada Labour Code Part I section 72.(1), which are;

72. (1) The Minister shall, not later than fifteen days after receiving a notice in writing under section 71,

(a) appoint a conciliation officer;

(b) appoint a conciliation commissioner;

(c) establish a conciliation board in accordance with section 82; or

(d) notify the parties, in writing, of the Minister’s intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.

As we await the decision of the Minister in this matter your bargaining committee will continue preparing to defend your interests in whatever process lies ahead.

Usually, the Minister will appoint conciliation officer and they work with the two parties in an attempt to negotiate a settlement. We anticipate this to happen in the present situation. This often results in rescheduling of negotiations sessions to match up everyone’s schedule, so it is quite likely that our upcoming meeting dates will be changed.

The process of conciliation normally lasts 60 days from the date the conciliation officer is appointed, and there is the ability to extend the 60 days should both parties agree. Following the completion of the conciliation period, there is a 21 day cooling off period. That effectively takes the parties to the point where a legal strike or lockout can take place. The Union is required to take a membership strike vote before any strike action can take place, and that strike vote will likely take place within the next month. Prior to any sort of legal strike action or lockout, the party taking the action is required to provide a 72 hour notice on the other party.

Last week, when the Company served notice of dispute they also issued a corresponding press release. Several comments attributed to Mr. Green were made about specific issues. Those comments attributed to Mr. Green in relation to the pension issue are inaccurate in our view, and the real discussions should be taking place at the bargaining table. Senior management has not met with us in bargaining and normally does not issue press releases commenting on single issues they are demanding at the table. Certainly, from our point of view the pension demands put forward by the Company have absolutely no affect on their existing solvency funding responsibilities, and it is a stretch to blame the pension funding for the operating ratio.

As always, the Union Bargaining Committee will take the high road, and we will not be making inaccurate public statements about the bargaining issues at this critical time. We take these negotiations very seriously. We are preparing for the next steps in the process and we will continue to bargain towards a negotiated settlement to improve your working conditions and address those issues you advanced to the bargaining table.

As stated in our last negotiating bulletin, we are working closely with the National office, Teamsters Canada and our professionals. We appreciate your support and patience through this process as we are facing a significant level of concessionary demands and it is very important that we are all pulling in the same direction.
This is the time, we must stand together.

In Solidarity,