A very American business tactic (which we saw Trump use in NAFTA negotiations, but EHH used it repeatedly in railway matters, and I have seen other CEO's use it quite skillfully) is to look at negotiations as a coercive process rather than looking only for win-win. That is, what can I do that will really hurt you if I don't get what I want. And look, I'm already starting to do that. Now give me what I want or I will continue to dish out more of the same.
It's not necessarily a "nice" way to behave, but I have come to realise that it is how business is often done, and maybe we ought to use it to our own best interest and worry less about looking or being "nice".
So I would ask, what do the railways really, really fear rather than what do they really, really want.
My thoughts
- They really, really don't want to have to replace the Westinghouse air brake
- They really, really don't want interswitching
- They really, really don't want US railroads reaching across the border to compete for business
- They really, really don't want a stringent safety regime run by civil servants, let alone intrusive accountability when bad things happen
- They don't want to have to string wires
- They don't want to serve some sorts of customers (branch lines, single car shipments, mixed car manifest traffic generally)
What do they really, really want?
- The ability to set prices and service standards in a way that enriches them (to a level that some of us might consider "unjust enrichment", another legal principle)
- One person crewing (and immediately, implementing it on the fly rather than proactively working out how it should operate)
- Control. Of everything. (Period.)
I do think that Ottawa could, if they were clever, create a set of levers that would motivate the railways to be more flexible - but it would mean not playing nice. And maybe offering some enrichment that might require holding our noses.
(Now I am the one sounding like the broken record.....) The flaw in the line of thinking of people saying "we need legislation" is - we already have it. The law says that anyone wanting passenger trains on our railways can have it, provided they pay what an impartial third party (the CTA) says is a fair price.
The interesting thing is just how rarely anyone troops off to the CTA and asks for anything. (VIA has in fact done this, successfully, but in rare circumstances.)
Apparently, the Law School 101 teaching has sunk in: Don't ask a question unless you are prepared to live by the answer.
I would argue that the railways and Ottawa and VIA are already in an environment where the railways offer an outcome that is more beneficial than what anyone would get by going to the CTA. So in that respect, we are already at win-win. We just want to win more, and the railways want us to win less. A good compromise pleases no one, and that's what we are already getting, more than we acknowledge.
- Paul