760 News
760 News
Division 760 news will be posted here as it become available.
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Tentative Negotiated Settlement -
Bulletin #7
All the details will be distributed in the coming days, including the effective dates of when the various improvements apply and, of course, subject to membership ratification.
Negotiations Bulletin #6
These two days we were focused on updating, correcting any clauses that did not read as intended so as to ensure the proper meaning, context of the collective agreement language read as it should. There were quite a few changes, additions, amendments to be done.
Negotiations Bulletin #5
Given the number of issues outstanding, and overall, how things have progressed we have advised the company that if we cannot bargain as we need to be we will then request the assistance of the Quebec Minister of Labour in accordance with the Quebec Labour Code.
AH710 Lystukha - Permanent Demotion to Different Craft
In sum, BTC did not demonstrate that Mr. Lystukha’s conduct, while deserving of discipline, merited a permanent demotion to his former position of maintainer. His lesser responsibility for the August 7, 2019 incident and his candour, albeit delayed, merits instead a suspension.
The arbitrator accordingly reinstates Mr. Lystukha to his position as conductor.
AH709 El Borte No RTW Accommodation
FBTC
made bona fide efforts to accommodate Mr. El Borte during the short
5-day period when he had safety-related limitations. BTC only
realized upon Mr. El Borte’s return to work that he could not
perform work in a safety sensitive position. This obliged it to deal
with the accommodation issue in real time. Despite this challenge,
BTC provided Mr. El Borte with a viable partial work option.
The arbitrator also dismisses the TCRC’s argument that BTC had to give Mr. El Borte 5 days notice before offering accommodated work, given the wording in article 12.1 (temporary replacements) of the collective agreement. That article seems to apply to a different scenario than the one raised in this case. In addition, even if it did apply, the accommodation exercise sometimes requires modifications to collective agreements to assist employees. This is especially the case for a short 5-day accommodation following which Mr. El Borte would resume his full-time duties without any restrictions.
Click here to read this award...
AH707 - Valiquette Accommodation Abandonment
BTC
did not demonstrate that it had reached the point of undue hardship
when considering accommodation for Mr. Valiquette. BTC will
compensate Mr. Valiquette from April 15 to September 30, 2019.
Mr. Valiquette did not abandon his position in October/November 2019 and is accordingly reinstated without loss of seniority. However, due to his conduct, he will not be compensated for the period starting on October 1, 2019.
Dismissal grievance of Marc-André Ouimet
For
these reasons, BTC did not demonstrate it had just cause to
terminate Mr. Ouimet’s employment. The arbitrator accordingly orders
BTC to reinstate Mr. Ouimet in employment forthwith, without loss of
seniority or other benefits, and with full compensation for loss of
earnings, less any sums he earned in mitigation.
BTC did not satisfy its burden of proof that it had just cause to terminate Mr. Ouimet. The TCRC did not convince the arbitrator that BTC’s investigation was unfair or that additional damages should be awarded given the overall circumstances of this case.
However, the TCRC will have the option of having this award posted in the workplace to counteract any negative inferences flowing from how BTC conducted Mr. Ouimet’s drug test.
Click here to read this award...
Tentative Agreement with Bombardier
Montréal,
February 17, 2020 – On Thursday, February 13, the Teamsters
Canada Rail Conference (TCRC) and Bombardier Transportation in
Montreal reached a tentative agreement to renew the collective
agreement for some 200 workers.