The arbitrator therefore orders CP to pay Mr. Rubino the compensation
which he would have earned had he been allowed to fulfill the duties of
the Montreal office position from June 1, 2016 to the date of his
resignation in March 2017.
More Awards
CROA 4637 Ms. M. Kosheluk
Given the circumstances outlined in the parties’ briefs and
documents, I conclude that the Company did not fulfill its duty
to accommodate the Grievor.
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Appeal of B. Desjarlais
The arbitrator accordingly substitutes a 3-day suspension for
the original 30-day suspension. No discipline was warranted for
the two occasions when Mr. Desjarlais booked unfit.
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G. Trollard Appeals
I find a failure to comply with Article 23.01(4). I therefore
allow the grievance and set aside the discipline, directing that
the grievor be made whole.
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Appeal of G. Ward
Mr. Ward is entitled to the compensation he would have earned in
his accommodated position from March 1, 2017 until he returned
to work full time.
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Appeal of A. Stringer
The arbitrator substitutes a 30-day suspension for Mr. Stringer’s dismissal. Mr. Stringer is entitled to compensation, without loss of seniority, but less any amounts he earned in mitigation.
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read this award...
Appeal of Brent Grossett
Taking into consideration the Grievor’s conduct in this matter,
along with his previous record, I am satisfied that the penalty
of the 98 day suspension is not excessive.
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read this award...
Dismissal of R. Morale
The arbitrator orders that CP substitute a 60-day suspension for
the current 152-day suspension and compensate Conductor Morale
for the difference.
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read this award...
Dismissal of LE Murtagh
The grievance is allowed in part. The dismissal will be set
aside and replaced with a one-month suspension. The Grievor,
having already been reinstated, shall be otherwise made whole.
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Appeal J. Shewchuk
The arbitrator orders that CP reinstate Mr. Shewchuk with
appropriate compensation. The 30-day suspension and the
termination will be removed from his record.
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Company’s failure to accommodate G. Robinson
While there may have been an earlier issue which potentially
influenced CP’s analysis, that cannot justify disregarding the
significant medical information Mr. Robinson provided.
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Appeal of S. Taylor
My conclusion is that, despite the seriousness of these Rule
violations, aggravated by the damage caused, Mr. Taylor’s
employment relationship is capable of restoration.
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Appeal of J. Bujold
In these circumstances the termination is set aside and the
grievor will be reinstated without compensation. She has been
remorseful and has accepted full responsibility.
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Appeal of K. Lyle
For these reasons, I find that the Company has established just
cause for discipline, but that the penalty of termination,
should be reduced to a 60 day suspension.
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Appeal of 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.
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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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Appeal of the dismissal of K. Hansen
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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Lambton (Supplemental)
Accordingly, for all the reasons stated above and in my February
7, 2017 award, I find that the Company may apply the Obico
exception to trains operating under the Belleville RTA into the
Lambton Yard for intermodal service.
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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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agreement...
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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the resolves...
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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letter...