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North America’s Largest Railroad Operating Union Joins Others and Calls on STB to Reject CN Voting Trust

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June 15, 2021
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SMART-TD says it expects voting belief approval will “negatively have an effect on staff, shippers and most significantly public security”

Greater than 130 shippers, communities, labor organizations, and different stakeholders have already communicated opposition to CN’s voting belief proposal on to the STB

CALGARY, AB, June 15, 2021 /PRNewswire/ – Canadian Pacific Railway Restricted (TSX: CP) (NYSE: CP) (“CP”) introduced at the moment that SMART-Transportation Division (“SMART-TD”), North America’s largest railroad working union, has submitted a letter urging the Floor Transportation Board (“STB”) to reject Canadian Nationwide’s (“CN”) proposed use of a voting belief.

SMART-TD joins a rising record of shippers, communities, labor unions and different stakeholders who’ve voiced opposition to CN’s voting belief as a part of its proposal to mix with Kansas Metropolis Southern (“KCS”). In a letter to the STB, SMART-TD President Jeremy Ferguson writes:

“The approval of the CN voting belief by the STB could be dangerous for the railway trade and fairly probably will negatively influence our concerned SMART-TD members. Approval of the CN voting belief proposal would hurt staff of each KCS and CN as a result of quantity of debt CN will carry and the true risk that the CN transaction would fail the regulatory take a look at in the long run.

“The CN/KCS transaction is the other of an end-to-end merger and could be anti-competitive as a result of overlap of present rail strains and affected clients. The CN already has a excessive capability mainline route from Chicago, IL straight to New Orleans, LA, due to this fact with CN buying KCS there could be no want for parallel routes such because the KCS line from Kansas Metropolis by way of to New Orleans.

“If the CN voting belief and proposed merger had been granted approval, we totally anticipate important job losses on both CN or KCS as a result of in the end the transaction would require both a sale or abandonment of duplicative rail strains. The results for SMART-TD members could be unsure, hostile, and definitely opposite to the general public curiosity.”

In distinction, the SMART-TD letter says of Canadian Pacific’s proposed mixture with KCS: “we anticipate progress in each rail companies and jobs for SMART-TD members.”

Extra Union Considerations a couple of CN/KCS transaction

The Transportation Communications Union/IAM (“TCU”) individually famous in a latest letter to the STB that the CN/KCS transaction is just not end-to-end and will have long-lasting impacts: “…railroad staff lose with CN’s proposed voting belief. The results for TCU’s members and Union Brothers and Sisters will possible be hostile and opposite to the general public curiosity.” 

District Lodge 19 of the Worldwide Affiliation of Machinists and Aerospace Employees, AFL-CIO, and the Teamsters Canada Rail Convention have additionally filed letters with the STB opposing the CN/KCS voting belief. These labor organizations be part of greater than 130 shippers, communities and different stakeholders writing on to the STB in opposition to CN’s voting belief proposal. 

Public Remark Interval for CN Voting Belief

The subsequent two weeks, main as much as the STB’s June 28 deadline, and the STB’s subsequent deliberations, will decide the course of competitors for U.S. railroading and North American commerce for the following 150 years.

Now’s the time for stakeholders to voice their issues about whether or not CN ought to be capable to lock in its anti-competitive plan to purchase KCS by way of a voting belief. Stakeholders can specific their issues on to the STB. 

Permitting CN to shut into belief wouldn’t be within the public curiosity as a result of its approval would pre-judge STB overview, hurt competitors, danger CN shifting monetary burdens to shippers, and pave the best way for added U.S. rail consolidation. CN’s arguments in favor of a belief quantity to the declare that CN and KCS ought to be capable to determine what’s within the public curiosity primarily based on which railroad is providing extra money to accumulate KCS – that argument elevates personal pursuits over the general public curiosity. 

CP maintains {that a} CP-KCS mixture is the one viable Class 1 merger that serves one of the best pursuits of shoppers and stakeholders, but in addition the continent’s rail community to allow a brand new hall of funding and capability for the North American financial system to develop.

For extra data on the transaction and the advantages CP-KCS is predicted to deliver to the total vary of stakeholders, go to FutureForFreight.com.

FORWARD-LOOKING STATEMENTS AND INFORMATION  

This information launch consists of sure forward-looking statements and ahead wanting data (collectively, FLI). FLI is often recognized by phrases reminiscent of “anticipate”, “anticipate”, “venture”, “estimate”, “forecast”, “plan”, “intend”, “goal”, “consider”, “possible” and related phrases suggesting future outcomes or statements relating to an outlook. All statements aside from statements of historic truth could also be FLI.  

Though we consider that the FLI is cheap primarily based on the knowledge out there at the moment and processes used to organize it, such statements usually are not ensures of future efficiency and you might be cautioned in opposition to putting undue reliance on FLI. By its nature, FLI entails a wide range of assumptions, that are primarily based upon components which may be troublesome to foretell and that will contain recognized and unknown dangers and uncertainties and different components which can trigger precise outcomes, ranges of exercise and achievements to vary materially from these expressed or implied by these FLI, together with, however not restricted to, the next: modifications in enterprise methods and strategic alternatives; estimated future dividends; monetary energy and adaptability; debt and fairness market situations, together with the power to entry capital markets on beneficial phrases or in any respect; price of debt and fairness capital; potential modifications within the CP share value; the power of administration of CP, its subsidiaries and associates to execute key priorities; common North American and world social, financial, political, credit score and enterprise situations; dangers related to agricultural manufacturing reminiscent of climate situations and bug populations; the availability and value of vitality commodities; the results of competitors and pricing pressures, together with competitors from different rail carriers, trucking firms and maritime shippers in Canada and the U.S.; North American and world financial progress; trade capability; shifts in market demand; modifications in commodity costs and commodity demand; uncertainty surrounding timing and volumes of commodities being shipped by way of CP; inflation; geopolitical instability; modifications in legal guidelines, laws and authorities insurance policies, together with regulation of charges; modifications in taxes and tax charges; potential will increase in upkeep and working prices; modifications in gas costs; disruption in gas provides; uncertainties of investigations, proceedings or different kinds of claims and litigation; compliance with environmental laws; labour disputes; modifications in labour prices and labour difficulties; dangers and liabilities arising from derailments; transportation of harmful items; timing of completion of capital and upkeep tasks; sufficiency of CP’s budgeted capital expenditures in finishing up CP’s marketing strategy; companies and infrastructure; the satisfaction by third events of their obligations to CP; foreign money and rate of interest fluctuations; trade charges; results of modifications in market situations and low cost charges on the monetary place of pension plans and investments; commerce restrictions or different modifications to worldwide commerce preparations; the results of present and future multinational commerce agreements on the extent of commerce amongst Canada and the U.S.; local weather change and the market and regulatory responses to local weather change; anticipated in-service dates; success of hedging actions; operational efficiency and reliability; regulatory and legislative selections and actions; public opinion; varied occasions that might disrupt operations, together with extreme climate, reminiscent of droughts, floods, avalanches and earthquakes, and cybersecurity assaults, in addition to safety threats and governmental response to them, and technological modifications; acts of terrorism, battle or different acts of violence or crime or danger of such actions; insurance coverage protection limitations; and the pandemic created by the outbreak of COVID-19 and ensuing results on CP’s enterprise, working outcomes, money flows and/or monetary situation, in addition to ensuing results on financial situations, the demand setting for logistics necessities and vitality costs, restrictions imposed by public well being authorities or governments, fiscal and financial coverage responses by governments and monetary establishments, and disruptions to world provide chains.   

We warning that the foregoing record of things is just not exhaustive and is made as of the date hereof. Extra details about these and different assumptions, dangers and uncertainties might be present in reviews and filings by CP with Canadian and U.S. securities regulators. Reference ought to be made to “Danger Elements” and “Administration’s Dialogue and Evaluation of Monetary Situation and Outcomes of Operations – Ahead-Trying Statements” in CP’s annual and interim reviews on Type 10-Ok and 10-Q. As a result of interdependencies and correlation of those components, in addition to different components, the influence of anyone assumption, danger or uncertainty on FLI can’t be decided with certainty. 

Besides to the extent required by regulation, we assume no obligation to publicly replace or revise any FLI, whether or not because of new data, future occasions or in any other case. All FLI on this information launch is expressly certified in its entirety by these cautionary statements. 

ABOUT CANADIAN PACIFIC 

Canadian Pacific (TSX: CP) (NYSE: CP) is a transcontinental railway in Canada and america with direct hyperlinks to main ports on the west and east coasts. CP offers North American clients a aggressive rail service with entry to key markets in each nook of the globe. CP is rising with its clients, providing a set of freight transportation companies, logistics options and provide chain experience. Go to www.cpr.ca to see the rail benefits of CP. CP-IR 

SOURCE Canadian Pacific



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