The Tribunal’s work focuses on the transfer of employees of CN and CP

Photo: Michaël Monnier Duty
The employees of CN and CP have long led the trains of the Agence métropolitaine de transport, become this summer the metropolitan transit system.

The integration of ex-employees of the Canadian National and the Canadian Pacific railway within Bombardier Transportation leads to labour issues, which continue to attract the attention of the administrative Tribunal of the work.


The STATE has recently rendered a decision to suspend negotiations of collective agreement with Bombardier Transportation as the question of retaining the old credentials will not be cut.


The employees of CN and CP have long led the trains of the Agence métropolitaine de transport, become this summer the metropolitan transit system (RTM). But many of them are found in Bombardier this summer when the contract of the operations changed hands.


The situation was this in particular that Bombardier is already occupied of the maintenance of the network with 95 employees represented by the international Association of machinists and aerospace workers (IAMAW).


Train conductors and engineers from both CN and CP, they are from the Teamsters, who apply from April 2017 to ensure that this accreditation is maintained. The Teamsters relied on article 45 of the labour Code, which provides for the maintenance of rights in the case of a ” concession part of a business “.


However, “recently, the IAMAW, and Bombardier Transportation have agreed that the accreditation also aims the functions of conductor and engineer of a locomotive,” wrote the administrative judge John Paquette, in a decision rendered on 5 October.

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The engineers of the locomotive and train conductors to form a pool of 116 employees, of which 74 come from the CN and CP said the judge. Since the agreement between the IAMAW and Bombardier is expired since February, the parties are “in the negotiation phase,” he mentioned.


The application of Teamsters to the judge : order the cessation of negotiations as the substance of the matter, on the maintenance of accreditation under section 45, shall not be resolved. The judge has received their request favorably.


In his decision, the judge Paquette wrote that the Teamsters do not want to ” not be bound by a collective agreement negotiated by the IAMAW “. He added that the IAMAW objected to the suspension, because “no salary increase has been granted since may 2016, “and that” negotiations on work schedules, a variety of premiums, the pension fund and the group insurance must be held.


That said, concluded the judge, “the uncertainty as to the identity of the bargaining agent” and the consequences of a positive response to the query on the article 45 will result in a ” disadvantage prominent than those described by the IAMAW “.


It was not possible to obtain the comments of the Teamsters and machinists. For its part, Bombardier does not comment on matters before the courts.