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(The Canadian Press circulated the following story on January 11.)

MONTREAL — Labour Minister Joe Fontana has asked the Canada Industrial Relations Board to determine whether specific rail services should be maintained in Canada in the event of strikes or lockouts at Canadian National Railway Co.

CN said in a statement Monday it will continue to bargain with three unions representing a total of 4,900 CN workers during the CIRB’s determination process. Until the CIRB renders its decision on essential services, any right to strike by the unions or lockout by the company is suspended.

After the board’s determination, at least 72 hours’ strike or lockout notice would be required prior to any legal labour disruption.

“The company remains optimistic settlements can be reached without labour disruption,” CN said.

Labour contracts expired in December 2003 with the United Transportation Union, representing 2,520 brakemen and conductors; the Teamsters Canada Rail Conference, which represents 1,750 locomotive engineers; and the 630-member International Brotherhood of Electrical Workers.

Prior to the CIRB’s involvement, the engineers could have been in a legal strike position by Jan. 28 and the brakemen and conductors by Jan. 20.

Last year 5,000 members of the Canadian Auto Workers at CN went on strike for 30 days.

The railway kept operating during the strike by the workers who manage trainyards and other functions, but the backlogs and lost business cut CN’s profit by $24 million.

Montreal-based CN’s mainline network connects Halifax Vancouver, Chicago and New Orleans.

Its shares (TSX:CNR) gained 50 cents Monday to close at $69.30.