TO ALL UTU GO-105 MEMBERS AT CN RAIL
As most of you are aware, negotiations with the Company have been
ongoing for some time. In fact, a year has passed since first
commencing negotiations. Recently Mr. H. Harrision, CEO of Canadian
National, issued a broadcast message purportedly to his managers. A
message which, in the view of the undersigned, was clearly meant to
undermine the negotiations and your negotiating team.
As many of you are aware, negotiations in a practical sense require
both parties to negotiate in "good faith". This concept is not only an
essential practical requirement but is clearly recognizable within the
Canada Labour Code. The actions and behaviour of the Company, with
respect to "good faith" negotiations, is certainly questionable.
CN's approach to labour relations and negotiations is clearly
exemplified in a report by Mr. Harrision to Investors in November 2002
with respect to his approach to achieving "breakthrough labour
agreements". Simply put, to achieve "breakthrough agreements" the
Company must embark on a "carrot and stick approach to changing
behaviours."
It is, regrettably, without dispute that the Company has embarked on
an aggressive and intrusive approach to achieve these goals. It is
interesting to note that Mr. Harrision alleges that the Company is
only seeking the "status quo". The reality of the situation belies Mr.
Harrison's statement. To this point, one needs only to reflect on the
continued aggressive and abusive approach with respect to the
Company's Attendance Management Policy. In addition, the unprecedented
Arbitration hearings and complaints to the Canada Industrial Relations
Board clearly demonstrates the Company's views on Labour Relations.
Simply put, and unfortunately, this Company, in my opinion, is of the
view that intimidation, harassment and abusive Collective Agreement
interpretations will be the "stick" which will push the Union and the
membership to accept a regressive contract.
Mr. Harrison, it appears (and with respect), may not be familiar with
the Canada Labour Code which states in part:
"AND WHEREAS the Parliament of Canada desires to continue and extend
its support to labour and management in their cooperative efforts to
develop good relations and constructive collective bargaining
practices, and deems the development of good industrial relations to
be in the best interests of Canada in ensuring a just share of fruits
of progress to all;"
Mr. Harrision states, "we are not seeking concessions". Clearly this
approach to these negotiations is inconsistent with the above
referenced section of the Code. It should be noted that CN Rail is
one, if not the most profitable Railways in North America. This was
clearly accomplished, in part, by the dedicated hard work of the
membership. Unfortunately, these gains, in my opinion, were also
achieved by the continued abuse and violation of the Collective
Agreement(s). Recall the recent cease and desist and compliance orders
from the Arbitrator.
It should be noted that CN Rail has achieved record profits. In fact,
CN Rail's second-quarter report for 2004 indicates a 34% rise in net
income.
Although financial considerations are a necessary and expected
ingredient of any negotiations, it should be stressed that the focus
of your negotiating committee is to achieve a quality of work life,
which, among other things, is free of Company harassment and
intimidation.
Mr. Harrison suggests that the membership's concerns can be addressed
by implementing scheduling and settling Furlough Board issues (Western
Canada). The "spin" generated by Mr. Harrision regarding the manner in
which the Company would address these issues are, in my view,
extremely dangerous and misleading.
On Friday, the 24th of September (the last day of the scheduled
negotiations session), the Company submitted a document of settlement
which, in my view, was tantamount to "bad faith bargaining". The
Company paper (with new positions) suggested that a contract be
entered into based on the following principles:
1. CAW pattern agreement - 3% - same benefits
2. Elimination of Furlough Boards (Western Canada)
3. Lump sum bonus - $1,000.00
4. Implementation of a "746" bidding concept.
(eliminating many of the provisions of the collective agreement with
respect to the manner in which assignments are filled)
5. Removal of mileage limitations.
(recall the quote of Mr. Harrision in the Financial Post - November
12, 2003 - "Now we can get 7,000 to 7,500 miles a month from the same
employees that were producing 4,000 to 4,500 miles a month")
6. Employees required to perform other work within their scope without
regard to Road/Yard jurisdictional issues.
(this at the beginning or upon completion of a tour of duty)
7. Employees will have scheduled time off (one or two days),
consistent with the needs of service.
Without dispute, the Company paper does not meet the needs of the
membership. Your negotiating team is committed to achieving a contract
that is fair and equitable. A contract that will be ratified by the
membership. Your negotiating team is committed and determined to
achieve a contract that reflects the wishes of the membership. Your
negotiating team is committed and determined to achieve a contract
that is consistent with sound labour/industrial relations. A concept
that was recognized and adopted by the Parliament of Canada. A concept
that was enshrined in the Canada Labour Code.
Your negotiating team will stay the course. The Company should not
underestimate the will and determination of this Union and the
membership in this regard.
Words of advice - BE STRONG - GET PREPARED - STAY UNITED
Fraternally,
Signed
R. A. BEATTY
General Chairperson UTU
Source: www.utueast.org
September 29, 2004
As most of you are aware, negotiations with the Company have been
ongoing for some time. In fact, a year has passed since first
commencing negotiations. Recently Mr. H. Harrision, CEO of Canadian
National, issued a broadcast message purportedly to his managers. A
message which, in the view of the undersigned, was clearly meant to
undermine the negotiations and your negotiating team.
As many of you are aware, negotiations in a practical sense require
both parties to negotiate in "good faith". This concept is not only an
essential practical requirement but is clearly recognizable within the
Canada Labour Code. The actions and behaviour of the Company, with
respect to "good faith" negotiations, is certainly questionable.
CN's approach to labour relations and negotiations is clearly
exemplified in a report by Mr. Harrision to Investors in November 2002
with respect to his approach to achieving "breakthrough labour
agreements". Simply put, to achieve "breakthrough agreements" the
Company must embark on a "carrot and stick approach to changing
behaviours."
It is, regrettably, without dispute that the Company has embarked on
an aggressive and intrusive approach to achieve these goals. It is
interesting to note that Mr. Harrision alleges that the Company is
only seeking the "status quo". The reality of the situation belies Mr.
Harrison's statement. To this point, one needs only to reflect on the
continued aggressive and abusive approach with respect to the
Company's Attendance Management Policy. In addition, the unprecedented
Arbitration hearings and complaints to the Canada Industrial Relations
Board clearly demonstrates the Company's views on Labour Relations.
Simply put, and unfortunately, this Company, in my opinion, is of the
view that intimidation, harassment and abusive Collective Agreement
interpretations will be the "stick" which will push the Union and the
membership to accept a regressive contract.
Mr. Harrison, it appears (and with respect), may not be familiar with
the Canada Labour Code which states in part:
"AND WHEREAS the Parliament of Canada desires to continue and extend
its support to labour and management in their cooperative efforts to
develop good relations and constructive collective bargaining
practices, and deems the development of good industrial relations to
be in the best interests of Canada in ensuring a just share of fruits
of progress to all;"
Mr. Harrision states, "we are not seeking concessions". Clearly this
approach to these negotiations is inconsistent with the above
referenced section of the Code. It should be noted that CN Rail is
one, if not the most profitable Railways in North America. This was
clearly accomplished, in part, by the dedicated hard work of the
membership. Unfortunately, these gains, in my opinion, were also
achieved by the continued abuse and violation of the Collective
Agreement(s). Recall the recent cease and desist and compliance orders
from the Arbitrator.
It should be noted that CN Rail has achieved record profits. In fact,
CN Rail's second-quarter report for 2004 indicates a 34% rise in net
income.
Although financial considerations are a necessary and expected
ingredient of any negotiations, it should be stressed that the focus
of your negotiating committee is to achieve a quality of work life,
which, among other things, is free of Company harassment and
intimidation.
Mr. Harrison suggests that the membership's concerns can be addressed
by implementing scheduling and settling Furlough Board issues (Western
Canada). The "spin" generated by Mr. Harrision regarding the manner in
which the Company would address these issues are, in my view,
extremely dangerous and misleading.
On Friday, the 24th of September (the last day of the scheduled
negotiations session), the Company submitted a document of settlement
which, in my view, was tantamount to "bad faith bargaining". The
Company paper (with new positions) suggested that a contract be
entered into based on the following principles:
1. CAW pattern agreement - 3% - same benefits
2. Elimination of Furlough Boards (Western Canada)
3. Lump sum bonus - $1,000.00
4. Implementation of a "746" bidding concept.
(eliminating many of the provisions of the collective agreement with
respect to the manner in which assignments are filled)
5. Removal of mileage limitations.
(recall the quote of Mr. Harrision in the Financial Post - November
12, 2003 - "Now we can get 7,000 to 7,500 miles a month from the same
employees that were producing 4,000 to 4,500 miles a month")
6. Employees required to perform other work within their scope without
regard to Road/Yard jurisdictional issues.
(this at the beginning or upon completion of a tour of duty)
7. Employees will have scheduled time off (one or two days),
consistent with the needs of service.
Without dispute, the Company paper does not meet the needs of the
membership. Your negotiating team is committed to achieving a contract
that is fair and equitable. A contract that will be ratified by the
membership. Your negotiating team is committed and determined to
achieve a contract that reflects the wishes of the membership. Your
negotiating team is committed and determined to achieve a contract
that is consistent with sound labour/industrial relations. A concept
that was recognized and adopted by the Parliament of Canada. A concept
that was enshrined in the Canada Labour Code.
Your negotiating team will stay the course. The Company should not
underestimate the will and determination of this Union and the
membership in this regard.
Words of advice - BE STRONG - GET PREPARED - STAY UNITED
Fraternally,
Signed
R. A. BEATTY
General Chairperson UTU
Source: www.utueast.org
September 29, 2004
