Who to blame for the railway labour dispute? Ottawa, but not why you think

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Who to blame for the railway labour dispute? Ottawa, but not why you think
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The government has been derelict in implementing a robust set of safety rules covering all railway workers in safety-sensitive positions

A locomotive moves rail cars at the Canadian Pacific Kansas City rail yard in Port Coquitlam, B.C., Monday, Aug. 19, 2024.As Gordon Lightfoot once sang, “There was a time in this fair land when the railroad did not run.” As I write this, it appears that we will almost certainly be revisiting that time shortly, and that the “National Dream” is about to become a national nightmare.could have come to a last-minute agreement, as has happened before.

Parliamentarians should exercise restraint in imposing an agreement. Binding arbitration would not work particularly well at this stage of this particular negotiation, because there are important and complex non-monetary issues still unresolved. Legislating an end to any work stoppage would likely violate workers’ rights to collectively bargain and strike, which are protected by the Canadian Charter of Rights and Freedoms and Supreme Court of Canada jurisprudence.

In fairness to Ottawa, it has not been entirely inactive. Transport Canada implemented some improvements in 2020, when it introduced the Duty and Rest Period Rules for Railway Operating Employees. These rules, which have a phased implementation from 2022 to 2024, establish shorter limits on duty periods, longer minimum rest periods and limits on the number of hours that can be worked in a week and/or month.

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