Teamsters launch court appeal of feds’ move to end rail shutdown

TORONTO – The Toronto Raptors kick off the 2024-25 season on Wednesday night when they host the Cleveland Cavaliers at Scotiabank Arena. Here are five things to know ahead of the Raptors’ home opener:

THREE DECADES — It’s the Raptors’ 30th anniversary and the team has plans to celebrate all season, including bringing back their purple jerseys from the mid-1990s. Toronto will also be honouring former players, including Hall of Famer Vince Carter. He’ll be the first-ever player to have his Raptors jersey retired in a ceremony at Scotiabank Arena on Nov. 2.

DEPTH CHART — The Raptors lacked depth to start last season with essentially one player coming off the bench — shooting guard Gary Trent Jr. — with then-rookie swingman Gradey Dick sometimes rotating in too. That short bench was evident with a -4.4 net rating over the season, tied with the San Antonio Spurs for third-worst in the NBA. Net rating is an advanced stat that indicates how much better or worse a team performs on a per-possession basis.

However, a series of trades and four draft picks remade the roster and greatly improved Toronto’s depth.

Point guard Davion Mitchell, power forward Ochai Agbaji and centre Chris Boucher of Montreal will lead the reserves to start the season. All three have serious NBA experience, averaging more than 17 minutes per game in their careers. They’ll be joined on the second unit by centre Kelly Olynyk (back) of Kamloops, B.C., and small forward Bruce Brown (arthroscopic knee surgery) once they’re healthy for a robust veteran bench that can handle big minutes. Ja’Kobe Walter, Toronto’s 19th overall pick in this past summer’s draft, will presumably be Dick’s backup at the two-guard once he’s recovered from a sprained shoulder.

COMMUTERS — Walter was the highest of Toronto’s four picks selected in the 2024 NBA draft in late June. Power forward Jonathan Mogbo (31st), point guard Jamal Shead (45th) and centre Ulrich Chomche (57th) were also selected. Although all four will see some NBA minutes this season — especially Shead, whose dogged defence was a highlight of the Raptors’ pre-season — they’ll also be regulars for the G-League’s Raptors 905 in nearby Mississauga, Ont.

IN-SEASON TOURNAMENT — The Raptors are in Group B for the NBA’s second-annual in-season tournament. They’re grouped with the Milwaukee Bucks, Indiana Pacers, Miami Heat and Detroit Pistons. Toronto’s so-called Cup Nights will begin Nov. 12 in Milwaukee and continue when the Raptors host Detroit on Nov. 15. Their third tournament game will be Nov. 29 in Miami and then their group stage will end Dec. 3 when Indiana visits Scotiabank Arena.

Financial incentive has been added to the NBA Cup playoffs this season, with players on the winning team earning US$514,971 each, while $205,988 goes to each player on the runner-up team. Players who lost in the semis will get $102,994 apiece and players that lose in the quarters will get $51,497.

PORTER SENTENCING — Former Toronto backup centre Jontay Porter will receive face sentencing on Dec. 18 after he pleaded guilty in the summer to a U.S. federal conspiracy crime. Porter, 24, was banned from the NBA after admitting that he helped bettors by intentionally underperforming in games. Prosecutors have estimated that he could be facing a range from just under 3 1/2 years in prison to a little over four years.

This report by The Canadian Press was first published Oct. 22, 2024.

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KANSAS CITY, Kan. (AP) — A judge has tossed three more lawsuits filed against lawmakers who shared social media posts that falsely accused a Kansas man of being among the shooters who opened fire at a rally celebrating the Kansas City Chiefs’ Super Bowl victory.

Denton Loudermill Jr., who was briefly handcuffed but not charged in the chaos that followed the deadly Feb. 14 shooting, filed federal lawsuits against three Republican Missouri state senators: Rick Brattin of Harrisonville, Denny Hoskins of Warrensburg and Nick Schroer of St. Charles County.

The dismissal of those suits Monday comes a month after a similar suit was dismissed against U.S. Rep. Tim Burchett, a Republican from Tennessee.

The judge cited issues with jurisdiction. Loudermill, who is from Olathe, Kansas, filed in federal court in Kansas, rather than in Missouri, where the lawmakers were from.

Loudermill’s lawyer, Arthur Benson, said that he planned to refile the lawsuits soon. Benson said previously that he also plans to refile a lawsuit against Burchett in Washington, D.C., where the congressman was when he posted about Loudermill on social media.

The shooting outside the historic Union Station in Kansas City, Missouri, killed a well-known DJ and injured more than 20 others, many of them children.

Loudermill’s lawsuits said he froze when the gunfire erupted, standing in the middle of the chaos so long that police had put up crime scene tape by the time he finally started to walked away. As he tried to go under the tape to leave, officers stopped him and told him he was moving “too slow.” They handcuffed him and put him on a curb, where people began taking pictures and posting them on social media, the suits said.

Loudermill ultimately was led away from the area and told he was free to go.

But soon posts began appearing on X, formerly known as Twitter, that included a picture of Loudermill, a car wash employee who was born and raised in the U.S. The posts called him an “illegal alien” and a “shooter,” even though he had no involvement, the suits said.

Versions of those posts, one by Burchett, were then were re-posted on the three Missouri lawmaker’s accounts, accompanied by comments from the lawmakers.

Schroer asked for confirmation or denial from law enforcement when he reposted the message from Burchett’s account.

“I’ve been sent videos or stills showing at least 6 different people arrested from yesterday but officially told only 3 still in custody,” Schroer wrote on social media over Burchett’s post. “The people deserve answers.”

After the judge’s ruling, Schroer described the lawsuits as frivolous in a statement and said he was “exploring all legal options available against persons and media outlets that knowingly spread fake news instead of what I actually asked on social media.”

Hoskins said in a statement that he agreed with the judge’s decision and would “continue to pray for the innocent victims of the Kansas City parade shooting.”

Brattin said elected officials “must have the right to speak publicly on matters of public safety without fear of liberal elites in the media creating false narratives in an attempt to destroy their credibility and provoke frivolous legal attacks.”

The judge had denied as moot an argument that the three senators were protected by “legislative immunity” in their roles as lawmakers.

Missouri Attorney General Andrew Bailey’s office, which defended the three senators, praised the ruling.

“Questions of Missouri law belong in Missouri courts, not in remote courts in other states,” spokesperson Madeline Sieren said in a statement. “We have said that from Day One. Missourians should rest assured that they have an Attorney General who will always follow the law, even when it’s not easy.”

The Canadian Press. All rights reserved.

MONTREAL – The federal government’s directive to end the countrywide rail shutdown in August marked an “unprecedented” move, says Canada’s labour tribunal, signalling a stauncher approach to disputes that rarely see direct intervention from cabinet.

Labour Minister Steven MacKinnon’s instruction that the Canada Industrial Relations Board halt work stoppages and begin binding arbitration amounted to an order, the quasi-judicial body said in a new document explaining its earlier ruling.

“These ministerial directions are unprecedented in that … the minister has effectively directed the board to end the strikes and/or lockouts and to impose final and binding interest arbitration to settle the terms of the collective agreements,” wrote chairwoman Ginette Brazeau in a unanimous decision released Tuesday.

However, the tribunal also said the labour minister was simply using his “discretionary powers” under the Canada Labour Code, and that the board had no leeway to refuse the directive.

Union members and labour advocates have criticized the move, saying it undermined workers’ negotiating leverage and bargaining rights.

MacKinnon has said he supports collective bargaining but that the directive was needed to limit the fallout of a work stoppage that halted freight and commuter traffic across the country.

On Aug. 22, Canadian National Railway Co. and Canadian Pacific Kansas City Ltd. locked out some 9,300 engineers, conductors and yard workers in anticipation of potential job action.

The shutdowns ranged from one to four days and capped off a two-week operational wind-down from coast to coast, marking the first time in decades the country’s two major railways were stopped at the same time.

Following the minister’s directive, the tribunal ruled on Aug. 24 that freight trains must start rolling again and imposed binding arbitration on all parties involved, in spite of a challenge from the Teamsters Canada Rail Conference.

The union has launched a court challenge to the board’s decision.

In his order, MacKinnon drew on Section 107 of the Canada Labour Code. The provision allows the labour minister to “direct the board to do such things as the minister deems necessary … to maintain or secure industrial peace” — such as ending a work stoppage via binding arbitration.

The tribunal said Tuesday the provision has been used “sparingly” over the past two decades. Its records indicate only 10 other examples since 1984.

The decision carried an undertone of skepticism while also stating that the board had no authority to challenge or change the minister’s directive.

“One can certainly question whether it was Parliament’s intent, when it modified Section 107 of the Code in 1984, that a ministerial direction would be used to end a work stoppage and order workers back to work,” the members wrote.

“The assessment of whether the minister appropriately exercised that discretion and made that determination within the applicable legal constraints falls under the exclusive jurisdiction of the (Federal Court).”

The board also pointed to a pair of task forces from 1968 and 1995 that rejected the idea of handing authority to cabinet or the labour minister to intervene in public interest disputes.

Instead, the experts recommended creating an “external and standalone body” to advise the minister on the best way to step in, including when to resort to back-to-work legislation — a more democratic forum than a sole cabinet member or executive body — the tribunal said Tuesday.

The unprecedented part of Mackinnon’s directive stems from its concrete instructions and lack of wiggle room for the tribunal.

“In the present matters, the minister was explicit in his direction to the board to order the resumption of operations and the return to work of employees. He further directed the board to extend the terms of the existing collective agreements, thereby foreclosing the period for a work stoppage while also providing for the imposition of binding interest arbitration to settle the terms of the new collective agreements,” the tribunal wrote.

“There was no ambiguity in this.”

The government may have learned its lesson after a looser directive from then-labour minister Seamus O’Regan during a strike by WestJet mechanics in June resulted in a ruling for binding arbitration — but failed to halt the job action.

The tribunal said in that case that the government never technically barred a strike, allowing workers to maintain the work stoppage that grounded flights until a deal was reached at the bargaining table.

This report by The Canadian Press was first published Oct. 22, 2024.

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