The union representing workers from Canada’s two largest rail companies filed a court challenge against a labour board order requiring them to return to work. The order was issued after the Teamsters Canada Rail Conference entered into a lockout last week.

Workers at Canadian National (CN) and Canadian Pacific Kansas City (CPKC) briefly began a lockout on August 22. The Teamsters Canada Rail Conference, the union representing CN and CPKC workers, accused the companies of negotiating in bad faith regarding the rest periods and shift scheduling. President of Teamsters Canada Rail Conference Paul Boucher said: 

Throughout this process, CN and CPKC have shown themselves willing to compromise rail safety and tear families apart to earn an extra buck. The railroads don’t care about farmers, small businesses, supply chains, or their own employees. Their sole focus is boosting their bottom line, even if it means jeopardizing the entire economy.

Worried about the consequences of a prolonged lockout of rail workers on the economy, Labour Minister Steven MacKinnon instructed the Canada Labour Relations Board (CIRB) to order binding arbitration and for the workers to return to work. Although the striking workers did return on August 26, they are challenging this decision, stating in a press release:

These decisions, if left unchallenged, set a dangerous precedent where a single politician can bust a union at will. The right to collectively bargain is a constitutional guarantee. Without it, unions lose leverage to negotiate better wages and safer working conditions for all Canadians. We are confident that the law is on our side, and that workers will have their voices heard.

The challenge, comprising four appeals in Canada’s Federal Court of Appeal, seeks to invalidate the Minister’s order and the CIRB ruling. The appeals argue that the CIRB failed to follow a fair procedure in reaching its conclusion and violated the worker’s right to freedom of association under the Canadian Charter of Rights and Freedoms.