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Union to mount legal challenge against decision

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Air Canada ( ACDVF ) pilots concerned how ruling will affect their

talks

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Both railways say they would have preferred a negotiated

settlement

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CN and CP railways focusing on restoring service

By Allison Lampert

MONTREAL, Aug 25 (Reuters) - A decision obliging more

than 9,000 Canadian rail workers to stay on the job is a win for

the railways and could impact bargaining in other federally

regulated sectors like aviation, the head of a Canadian rail

workers' union told Reuters.

Paul Boucher, president of the Teamsters Canada Rail Conference,

also said the union would work with other labour groups as it

mounts a legal challenge to a Saturday decision that halted work

stoppages at the country's two largest railways and imposed

arbitration.

While the Teamsters will obey the order to return to work,

the union has warned it could lead to the imposition of future

contracts, eroding workers' bargaining power. The decision comes

as Air Canada ( ACDVF ) pilots press for a new contract and can

commence job action as early as mid-September if there is no

agreement with the country's largest carrier.

Air Canada ( ACDVF ) said on Sunday its intent is to reach a

negotiated settlement with the pilots over the coming weeks.

"Any federally regulated company, it's a win for them at

this point," Boucher told Reuters in his first interview since

the Thursday lockout. "This is disastrous for labour, for

workers."

The Canada Industrial Relations Board made the decision

after Labour Minister Steven MacKinnon asked it on Thursday to

end an impasse in separate talks between the Teamsters, Canadian

National Railway ( CNI ) and Canadian Pacific Kansas City ( CP )

.

The dispute, which triggered a first-ever lockout of Teamsters

workers on Thursday at both freight rail carriers, led to

unprecedented disruptions that threatened to hammer Canada's

export-driven economy, leading agricultural businesses to plead

for relief.

Tim Perry, president of the Air Line Pilots Association Canada,

which represents Air Canada ( ACDVF ) pilots, said the union is

concerned.

"The new Minister of Labour does not trust the Canadian laws

governing collective bargaining, nor does the government he

represents respect the constitutional rights of workers," Perry

said in a statement.

A spokesperson for Canada's labour minister declined to

comment on whether the decision to impose binding arbitration on

railways would serve as a precedent in other sectors, including

aviation.

CN has said the company would have preferred a negotiated

agreement but was satisfied that the labour stoppage is over.

Spokesperson Jonathan Abecassis said on Sunday that CN tried to

get an agreement for nine months and made five offers that would

have improved wages and working conditions but the union did not

engage. A CP spokesperson said it regretted that the government

had to intervene and fundamentally believes in and respects

collective bargaining.

Both railways have said they are focused on restoring

service, with the Teamsters calling off a CN strike on Monday

but planning to appeal the decision in federal court.

Other unions could participate in court and support the

Teamsters, Boucher said.

"This historical moment is so extremely important that labour

needs to get involved and they will," he said.

, who once worked as a CN locomotive engineer, has been

bargaining with CN out of a second-floor conference room at a

downtown Montreal hotel.

The Teamsters union disagreed with CN and CP over

scheduling, shift duration and availability. CN, for example,

wants employees to work up to 12-hour shifts, compared with 10

hours in the current agreement, a move opposed by the union.

Boucher said he has been in contact with the union

representing more than 5,400 Air Canada ( ACDVF ) pilots who approved a

strike mandate last week.

"We're going to be calling on all labour across Canada to

join our fight and take this all the way," he said.