UPDATE 11:45 EDT July 9, 2020
Attention: Unifor Council 4000/Local 4003 CN Brampton Intermodal membership
July 9, 2020
This afternoon, in addition to a cease and desist order to the Union's regional representative, CN filed application with the Canada Industrial Relations Board (CIRB) pursuant to section 91 of the Canada Labour Code, for declaration of an unlawful strike.
CN sought an Order from the Board directing the expeditious scheduling and hearing of the Application they filed with the Board. They further seek, among other items, that:
ORDERS OF THE CANADA INDUSTRIAL RELATIONS BOARD
Below is the Order that the Board has issued this evening. One of the Orders states: “Unifor 4000 and the Employer shall take immediate steps to communicate the Board’s Order to the employees affected by the Order.” This posting serves to comply with this order.
We ask members to refrain from any activities, behaviour or recomendations for action that is deemed unlawful and in breach of Sections 88.1 and 89 of the Code, all of which prohibit strikes during the term of a collective agreement.
CN sought an Order from the Board directing the expeditious scheduling and hearing of the Application they filed with the Board. They further seek, among other items, that:
- A Declaration that those CN employees working at BIT represented by Unifor have engaged in an unlawful strike;
- A Declaration that Unifor and their officers, representatives and members have declared or authorized an unlawful strike in violation of the Code;
- An Order from the Board pursuant to section 91 requiring any employee represented by Unifor to continue performing the duties of their employment and refrain from any concerted unlawful activity intended or designed to stop or slow down operations or to reduce or limit output, including any concerted refusal to work overtime or return to work following recall;
- An Order from the Board authorizing CN to communicate the Board's decision and order to all its employees;
- An Order from the Board directing Unifor and their officers, representatives and members to notify each of its members of the Board's decision and direct their members to comply with the order of the Board;
- An Order from the Board directing that Unifor report to the Board within three (3) hours of granting this Application that they have complied with the Orders that have been granted by the Board;
- An Order from the Board directing that a copy of this Order or decision exclusive to the reasons thereof be filed directly in Federal Court pursuant to Section 23 of the Code;
- An Order from the Board directing that a copy of this Order or decision exclusive to the reasons thereof be filed directly in the Ontario Superior Court pursuant to Section 23.1 of the Code; and (l) Any other remedy that the Board may deem appropriate in the circumstances.
ORDERS OF THE CANADA INDUSTRIAL RELATIONS BOARD
Below is the Order that the Board has issued this evening. One of the Orders states: “Unifor 4000 and the Employer shall take immediate steps to communicate the Board’s Order to the employees affected by the Order.” This posting serves to comply with this order.
We ask members to refrain from any activities, behaviour or recomendations for action that is deemed unlawful and in breach of Sections 88.1 and 89 of the Code, all of which prohibit strikes during the term of a collective agreement.
| rdcmsprod-498574-v1-non_bargaining_unit_order_number_1180.pdf |
