OTTAWA, Ontario — A Canadian judge has found CPKC to be in contempt of court for forcing train crews to work excessive hours in violation of a court order.
The Teamsters Canada Rail Conference announced the Wednesday ruling by Judge Ann Marie McDonald on its website.
The union had filed a contempt motion with the federal court, saying the railroad acted in violation of a 2018 arbitration award regarding rest provisions of two collective bargaining agreements. The ruling by McDonald found that Canadian Pacific was in contempt for “intentionally” violating rules regarding hours of duty in 22 separate incidents between June 14, 2018, and April 18, 2019. The judge did not issue a contempt ruling in 16 other cases. A separate hearing will determine “an appropriate penalty.”
“Canadian Pacific recklessly puts lives on the line in forcing so many train crews to work longer than allowed,” the National President of Teamsters Canada, François Laporte, said in a statement. “They do this because they operate under the dangerous delusion that they are above the law, and that it’s OK to ignore the court orders on safety issues. This company needs to smarten up and stop putting profits over people before another tragedy occurs.”
A CPKC spokesman told Reuters that the company disagreed with the decision and would file an appeal.
Howard, “Lack of a couple hour exception to an arbitrary rule in an unsafe location led to the disaster.
Telling people about RRing, I always mention, Lots of rules there, BUT they are ALWAYS written in BLOOD. endmrw0610231540
when I hired out the 6 hour was the norm, and the senior men on the roster held down those jobs and did it safely, and many worked to age 70 not 40. The wreck that killed three good men would not have happened had the train proceede to Field to be safely tied down Mr. Salisbury. They also could have tied down properly before starting down. Yes the train line brake leakage in the very cold temperature caused the relief crew to ride out of control to their death. Lack of a couple hour exception to an arbitrary rule in an unsafe location led to the disaster.
Thanks for the clarifier Howard, my recollection was the the relief crew took over at Field, not in a different local, forgive me my memory is failing.
It is in deed a sad situation that three good men lost their life, I have commented on this site before from my understanding CP was indeed culpable in this situation, especially after the CBC investigation was aired.
Dear Mr McFarlane
Canada – “a little loopy”!
That’s one hell of a stretch. Have you not been reading the papers for the past seven years, including the papers from this week.
Reference Scott: “And this is why the board of transportation implemented new rest rules on may25. The railways fought tooth and nail against them, but they did it to themselves”……..this an example of choices/consequences. EASY to make a choice, but what about, did you think of consequences? Will there be accountability for bad choices? endmrw0609231538
Court order- see paragraph 28 of the Judges ruling.
sometimes there is an emergency situation like stopping in a dangerous location, like Lac Mégantic or the runaway at Fields BC, where stretching the arbitrary rule would have saved lives.
Field BC was and I believe still is today a CP crew change point.
The final conclusion of the wreck investigation by TC stated the main cause to be brake failure.
Therefore not a result of stretching an arbitrary rule.
Hours of work are in place for a very good reason, just look at the mess at MBTA as reported on this website.
People die from a lack of sleep, remember the wreck at Edson Alberta when a sleeping freight train crew hit head with the Super Continental, one of many examples we have read about.
It only affects a person as they age, before age 45 doing all nighters is not that much of a problem if you condition yourself for it, and isn’t that what overtime rules are for? Of course, this is in Canada and they’ve always been a little loopy about some things vs the States.
Replying to myself: Is it a court order CPKC(CP) was found in contempt of, or a arbitration ruling? Those are two entirely different things, well, at least they are here in the States, maybe Canada is different. Don’t even mention if the Court orders the arbitration, it’s still an arbitration ruling and not a court ruling.
Gerald, that’s been my experience as a driver of personal automobiles. The hours I could drive at night as a college student — it was gone by age 40.
Sounds like a PSR-related thing. The specter of E.H.H?
Glad they were found in contempt – hope they’re hit with a substantial fine.
And this is why the board of transportation implemented new rest rules on may25. The railways fought tooth and nail against them, but they did it to themselves.