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In Gear - Today's Trucking

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customers with its own trucks<br />

or via contracted drivers.<br />

<strong>In</strong> 2004, the Calgary<br />

Employees Association unionized<br />

CFF employees in<br />

Calgary. It didn’t take long<br />

before The Teamsters swooped<br />

in, convincing the Alberta<br />

Labour Relations Board<br />

(ALRB) to certify the union to<br />

collectively bargain for CFF<br />

workers nationally under the<br />

Canada Labor Code.<br />

The case ping-ponged back<br />

and forth among various<br />

courts, until the Alberta<br />

Court of Appeal sided with<br />

the Teamsters and upheld the<br />

original labor board decision<br />

that CFF should be federallyregulated.<br />

It reasoned that that the<br />

physical transport of cargo<br />

was not the main issue, but<br />

“whether the functional<br />

nature of the operation is to<br />

connect the provinces.”<br />

Late last month, the<br />

Supreme Court dismissed<br />

that verdict by a vote of 6-3.<br />

“I am of the view that an<br />

undertaking that performs<br />

consolidation and deconsolidation<br />

and local pickup and<br />

delivery services does not<br />

become an interprovincial<br />

undertaking simply because it<br />

has an integrated national<br />

corporate structure and contracts<br />

with third party interprovincial<br />

carriers,” wrote<br />

Justice Marshall Rothstein.<br />

“While Fastfrate has local<br />

operations at both the originating<br />

and terminating locations<br />

in the several provinces,<br />

and with that can provide<br />

comprehensive service to its<br />

customers, it nonetheless<br />

remains only a shipper using<br />

cross-border transportation<br />

services in the movement<br />

of freight.<br />

“Fastfrate does not perform<br />

any interprovincial carriage<br />

itself.”<br />

Although he noted that<br />

Fastfrate drivers used to haul<br />

freight between their Ottawa<br />

and Montreal branches, that<br />

practice ended in 2004, in<br />

part, because Fastfrate itself<br />

recognized that it raised a<br />

“contentious issue” for jurisdictional<br />

determinations.<br />

“This is their economic raison<br />

d’être,” continued<br />

Rothstein. “<strong>In</strong> most cases,<br />

Fastfrate and its employees<br />

play no role in the operation<br />

of CPR’s interprovincial railway<br />

system.”<br />

Ruth Snowden, director of<br />

the Canadian <strong>In</strong>ternational<br />

Freight Forwarders<br />

Association (CIFFA) said that<br />

although this particular case<br />

stemmed from a question on<br />

labor issues, the “decision<br />

could impact employment<br />

issues, it could impact health<br />

and safety, it could impact<br />

GIMMIE SHELTER<br />

SHADOW LINES<br />

TRANSPORTATION has<br />

unveiled one of the most<br />

interesting trailer innovations<br />

trucking has ever had. And it won’t<br />

make the company a cent.<br />

It’ll help fleet president Ron<br />

Reid sleep better at night, though,<br />

along with countless of others.<br />

The Langley, B.C.,-based carrier<br />

transformed a typical, used sea<br />

container into a temporary<br />

homeless relief shelter that can<br />

be transported every night to<br />

and from locations where the<br />

homeless are known to sleep on<br />

the street.<br />

“I’ve always wanted to do<br />

something for the homeless or<br />

needy. I spend a lot of time in<br />

downtown Vancouver where there<br />

are lots of homeless people,” says<br />

Reid. “There are a lot of issues with<br />

them getting beat up, and this<br />

will give them a warm, safe place<br />

to sleep.”<br />

All construction and fabrication<br />

work on the refurbished container<br />

was done in-house by Shadow<br />

Line employees.<br />

It’s divided into eight<br />

individually heated and lighted<br />

units, along with a toilet (no shower)<br />

and small office. And get this:<br />

The mobile trailer is more accessible<br />

to the handicapped than most<br />

buildings. One unit has been made<br />

�<br />

Shadow Lines’ Ron Reid<br />

married innovation and<br />

compassion this winter.<br />

to accommodate wheelchairs.<br />

Each unit has two foldaway<br />

bunks, which allows individuals to<br />

park their belongings—many<br />

times in shopping cart form—<br />

inside the unit and sleep on the<br />

top bunk. <strong>In</strong> extreme weather,<br />

however, having two bunks in<br />

each unit will allow the shelter to<br />

sleep 16.<br />

“A lot of them won’t go where<br />

they can’t take their shopping<br />

carts, which is why we made space<br />

for that,” notes Reid. “It’s a good,<br />

warm, dry place for the homeless<br />

to sleep at night.”<br />

As well as supplying the shelter,<br />

Shadow Lines is committed to<br />

picking it up in the morning and<br />

hauling it back to the terminal to<br />

have the batteries charged and<br />

disinfect the rooms.<br />

Nightshift Street Ministries will<br />

organize the operation at night.<br />

The project has cost Reid<br />

about $100,000 so far, before the<br />

$10,000 a month that it’ll run to<br />

maintain and service the unit. If<br />

he could find the right people to<br />

operate additional shelters, Reid<br />

would gladly build more, ideally<br />

two more in Vancouver and one<br />

each in Calgary and Edmonton.<br />

“It’s a way to put something<br />

back into the areas that have<br />

treated me so well,” he says.<br />

— Steven Macleod<br />

Want more news? Go to todaystrucking.com<br />

Send us your feedback. E-mail editors@todaystrucking.com<br />

JANUARY 2010 11

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