On Monday, the Canada Industrial Relations Board (CIRB) made its precedent-setting ruling on the allegations of replacement workers being used during a legal strike initiated by the International Brotherhood of Electrical Workers (IBEW), representing rail workers employed by Canadian Pacific Kansas City (CPKC). The board has received multiple complaints alleging the use of scab labour which it will hear one-by-one, using the first ruling as a precedent to guide subsequent decisions.
The president of one of the striking locals said these proceedings are testing the government’s ability to enforce the law that prohibits the use of replacement workers, also known as scab labour.
IBEW System Council 11 have been on strike since May 31. Workers say outstanding issues include keeping wages on pace with industry standards.
The CIRB has come to a decision on the first case, which involves the use of contractor PNR Railworks Inc. The board ruled that having the contractor perform duties at the Douglas St. crossing is in violation of the labour code which prohibits the use of replacement workers during a strike or lockout.
Alexander Young, president of IBEW local 2008, called this decision a partial victory because it sets the precedent to deal with other complaints regarding the use of replacement workers but those complaints must still go through their own process.
As the strike presses on, morale has eroded, especially in the face of reported anti-scab legislation violations. The union has said there have been multiple instances of contractors who are performing duties outside the scope of the contract and fall under the responsibilities of the striking workers.
CPKC said they implemented contingency plans to maintain safe and efficient railway operations when the strike began. They said the Canada Labour Code allows federally regulated employers to use certain employees and contractors to continue services through a strike, and that is what CPKC has done.
“From day one, CPKC has been committed to complying with all applicable laws during this work stoppage, including the new replacement worker provisions,” Patrick Waldron, a member of the CPKC communications team told rabble.ca in an email.
“It is CPKC’s responsibility to safely and efficiently provide rail service to our customers and to keep Canada’s supply chains moving,” Waldron said. “We will continue to do so consistent with federal law.”
Young said he remains optimistic that the union can get a precedent set that will punish the use of replacement workers, but the process has been long and arduous.
“If it takes too long, it really defeats the purpose of the bill, and you know it’ll frustrate the workers,” he said.
“Most of us are having a good deal of frustration, because it very much feels like CIRB was kind of caught unprepared for the sheer amount of complaints, and for the brazenness of the violations,” he added.
The CIRB is holding expedited hearings to address the issue of replacement workers employed by CPKC. Still, workers have had to spend more than 25 days on the picket line, not earning an income. With each passing day, Young said it is harder to look workers in the eyes and provide reassurance.
“Guys are kind of down in the dumps about this, but there is a lot of solidarity. The unions are doing everything they can,” he said. “There’s a lot of people pulling for them, and they recognize the importance of this. Setting this precedent benefits not just them, but our other fellow union workers on the railway and workers across Canada.”
Employment and Social Development of Canada (ESDC) said that enforcement is an important part of the framework prohibiting the use of replacement workers. In an email to rabble.ca ESDC said there was time given to ensure employers and the CIRB could adapt to the changes in the labour code.
“Bill C‑58, the legislation prohibiting replacement workers, was developed through extensive consultations and came into force on June 20, 2025, one year after receiving royal assent. This transition period provided workplaces with time to adapt to the new measures and enabled the Canada Industrial Relations Board (CIRB) to prepare for its expanded responsibilities, including handling related complaints and applications,” ESDC wrote in an email. “To effectively implement the new law, the Government also provided additional resources to the CIRB.”
This is not the first time workers have raised concerns about the anti-scab legislation. During a labour dispute between the United Steelworkers and Rogers, the employer brought in outside managers to perform unionized work. NDP MP Don Davies tabled a bill to close this loophole in legislation on June 8.
While recent tests of anti-scab legislation have left workers somewhat unsatisfied, Young said he remains optimistic that this law can protect workers.
“It’s robust,” he said. “If we read into the intent of the law, I do believe it would give us the upper hand. My worry is the word of law and the purpose of law don’t necessarily always coincide when it gets to court. I do really think that’s a bit too early to say, but I would like to believe that this can still be a good thing.”
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