CN and CPKC Rail Strike: Impact on non-union employees

Canada’s largest rail strike: Impact on commuters and economy

Today, Canada’s top two railroads, Canadian National Railway (CN) and Canadian Pacific Kansas City (CPKC), have locked out more than 9,000 unionized workers, triggering an unprecedented rail stoppage. This strike, which comes after failed contract negotiations, threatens to cause billions in economic damage and disrupt Canadian and North American supply chains.

Negotiations between CN and CPKC, and the Teamsters Canada Rail Conference (which represents the 6,000 CN and 3,300 CPKC unionized workers) continued late into the night on Wednesday at hotels in Montreal and Calgary, but talks broke off shortly before midnight. Both sides have accused each other of not negotiating seriously.

Economic impact and government response

Canada’s vast rail network is essential for transporting goods like grain, automobiles, potash, and coal, moving about $380 billion worth of commodities annually. The rail stoppage is expected to severely disrupt the North American supply chain, with Moody’s estimating a daily economic loss of $341 million.

Despite the growing economic pressure, the Canadian government has urged continued negotiations but has not yet imposed binding arbitration. Business groups are increasingly calling for government intervention to prevent further disruption.

Massive commuter disruption across major cities

The impasse has led to significant disruptions for over 30,000 daily commuters in Toronto, Montreal, and Vancouver. Commuter rail services that run on CPKC-owned tracks have been halted, as the lack of traffic controllers prevents passenger trains from operating on these lines. Meanwhile, CN-operated lines remain unaffected, as their dispatchers are not involved in the labor dispute.

Here is a list of the following disruptions, and transit alternatives in Ontario and British Columbia:

• GO Train Milton line: GO trains are suspended by Metrolinx, affecting roughly 7,500 customers. Commuters can use local transit, Lakeshore West, or Kitchener lines. GO Transit has more information.
• Hamilton GO Centre: Services are suspended by Metrolinx, affecting roughly 600 customers. Commuters can use West Harbour GO, Aldershot GO, or Route 16 GO bus as alternatives.
• Via Rail Northern Ontario: The route through Sudbury is suspended during the strike.
• Via Rail Ottawa to Toronto: Via Rail plans to continue service on the route, though it is working with CP to maintain access to a specific portion of the route’s tracks.
• Vancouver’s West Coast Express: Service is suspended, as TransLink says that it “cannot operate without CPKC’s dispatchers and rail workers.” Supplemental bus service is being provided at Coquitlam Central, Maple Meadows, Mission City, Pitt Meadows, Port Coquitlam, Port Haney, and Port Moody stations.

Can my employer fire me if the rail strike affects my commute?

If your commute is impacted by the CN and CPKC rail strike, or you’re late for work, your employer likely can’t terminate you for cause. However, they can choose to terminate you without cause, provided they offer a proper severance package. If you are non-unionized, your severance package could be as much as 24 months’ pay and you may have grounds for a wrongful dismissal claim if your employer offers you less than that.

SEE ALSO:
• Can I be fired for being late for work?
• CityNews interview: employment lawyer on rights during TTC strike
• Lior Samfiru: Employee rights during a TTC strike

Flexible work arrangements

Employers can offer flexible work hours or remote work options during the rail strike to help employees manage commuting challenges. While these alternatives can be beneficial, it remains your responsibility as an employee to make every reasonable effort to get to work.

It’s crucial to plan ahead and communicate with your employer as soon as possible if you’re unable to come into work or anticipate being late.

Temporary layoffs during rail strike

The rail strike’s impact on Canada’s economy could lead to operational changes for many companies, including potential layoffs. However, in provinces like Ontario, Alberta, and BC, temporary layoffs are generally illegal. Employers can’t make significant changes to a non-unionized employee’s job without their consent, even during a strike. This includes reducing their hours, pay or duties. If they do, employees may have the right to treat the change as a termination and pursue a full severance package through a constructive dismissal claim.

Before making any decisions, it’s crucial to contact Samfiru Tumarkin LLP to understand your specific employment rights and determine what you may be owed.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance during mass layoffs
• Severance entitlements in a recession

Lost your job? Talk to an employment lawyer

If you have been fired or let go for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented tens of thousands of non-unionized individuals.

In addition to severance package negotiations, we can assist you on a broad range of employment matters, including:

If you are a non-unionized employee who needs help with a workplace issue, contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and should not be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.