Awards & Resolves

Appeal of the discharge of Conductor S. Wojcik

The arbitrator orders CP to reinstate Mr. Wojcik, with full seniority, and with compensation for any lost wages and benefits, other than for the period of the 7-day suspension. The arbitrator remains seized for any issues arising regarding this reinstatement order, including for sums earned in mitigation.

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Lacolle subdivision

Thus, the grievances are allowed. The company shall cease and desist from any such future violations of the collective agreements.

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Lambton (Supplemental)

I acknowledge that the Company ceased operations at the Obico Yard in October 2012. This property was also apparently subsequently sold by the Company in 2015.

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More Awards

RCLS Award

I direct the parties to follow the material change provisions and negotiate measures to minimize the significant adverse effects associated with the 2015 reintroduction.

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Mactier to Sudbury

The Company is directed to cease and desist such violation in future and to compensate all crews who have been or are required to deadhead to Sudbury since September 2015.

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Bridging to EDO’s

One important issue that was addressed concerned bridging to EDO’s. We reached the following agreement on this issue.

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Driving Company Vehicles

Accordingly, the arbitrator accepts TCRC’s grievance and declares that CP’s practice of having TCRC members drive company vehicles to deadhead themselves violates the collective agreement.

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Vacation Resolves

It is agreed that the application of the Annual Vacation Matrix in your respective Collective Agreements under the November 13, 2004 Letter RE: Annual Vacation.

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Reduced Road Switcher

This dispute derives from the Company running reduced crews when Road Switcher and/or Yard Assignments are bulletined with 3 employees. 
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CROA 4534: Weusten

Mr. Weusten’s record will be adjusted to reflect this reduced penalty and he is otherwise to be made whole and compensated for all lost wages, with interest, without loss of benefits and without loss of seniority. 
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CROA Case No. 4549

The arbitrator orders that CP reinstate Ms. Brander forthwith. CP will substitute 15 demerit points for the 2014 30-day suspension it imposed. 
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Milton Corridor Award

After carefully considering the submissions of the parties, I find that I am compelled to dismiss the Union’s grievance. 
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CROA 4531 - OM Vaughan

The Company’s auditors shall search and pay for OM claims that were denied since the October 2015 period. Furthermore, an abeyance code is to be established in order to track potentially reoccurring claims that the Company would refuse.
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Ex Parte: Lambton Award

Crews operating under the Belleville RTA are not required to operate to Lambton Yard, save and except one train pair that may, at the Company’s discretion be operated as far as Obico as a single fixed mileage tour of duty. 
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AMT Montréal

The terms and conditions of the work relating to the Montreal commuter trains from CP to Bombardier, effective July 1, 2017.    
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Ex Parte: Delson Award

Therefore, after carefully considering the parties’ submissions, I am compelled to find that the Union’s position is correct.  
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CROA 4534: Popescu

Appeal of the dismissal of Conductor Trainee Dan Popescu of Revelstoke, BC.   
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CROA 4533: Curtis

Appeal of the dismissal of Conductor Frank Curtis of Edmonton, Alberta.   
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CROA 4532: Cordero

The Company’s refusal to allow Conductor Cordero to rescind his notice of resignation.   
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CROA 4530: Mr. R

The dismissal shall be removed from the Grievor’s record and he shall be reinstated forthwith without loss of seniority, but without compensation for lost wages and benefits, and subject to the following conditions.   
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CROA 4524: D. Playfair

Since CP did not meet its evidentiary burden, the arbitrator upholds the TCRC’s grievance and orders that this discipline be struck from Mr. Playfair’s discipline record.   
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CROA 4529: Conductor AB

The Grievor is to be reinstated in his position forthwith without loss of seniority and is to be compensated for all wages and benefits lost.   
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CROA 4525

Dispute with respect to the implementation of CROA Case No, 4208.    
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Handling of Unassigned Pool

Should CP management persist in the blatent disregard to their legal obligations, we will take action to enforce those decisions through the Federal Court System and we will have no alternative but to seek maximum available penalties the court provides.    
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CROA 4523: Lougheed

The arbitrator orders CP to reinstate Mr. Lougheed with full compensation and to replace his dismissal with a written warning.    
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Run Around Award

This award is supplementary to an award I issued on August 3, 2016 (the “August 3, 2016 Award”) with respect to a hearing held on July 6, 2016. Handling of Unassigned Pool and Spareboard Employees.     
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Vacation Vacancy Award

In my opinion, the resolution of this matter should be one that balances the interests of both parties and will foster further discussion and hopefully an agreed upon outcome through free collective bargaining.     
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CROA - Thief River Falls

I find and declare that the material change provisions of the Collective Agreements do not permit the Company the right to initiate the proposed January 22, 2016 ESR between Winnipeg, MB and Thief River Falls, MN without the need to change crews in Emerson, MB or Noyes, MN.     
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AdHoc Award 641 - RCLS

The parties are directed to jointly compose the required agreement language and finalize the requisite details within 60 days following the date of the issuance of this decision, failing which any outstanding matters are to be returned to me for binding resolution.      
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ESR Chapleau-Schreiber

Given both the fact that the Company is compelled by this award to make the concession on the $80.00 NR as ordered and in light of the comments contained in the ad hoc awards referred to, I direct that Appendix A Clause 4.3 be included in the ESR agreement without the Union’s proposed highlighted portion included.      
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CROA 4421: Cleroux

I direct that the grievor be reinstated to his employment forthwith with no loss of seniority, and that he be compensated for all wages and benefits lost.
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CP CROA Letter

CP withdraws June 26, 2015 letter and remains a member of the CROA&DR committee.      
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