As noted before we had to go back to Arbitrator Kaplan for a supplementary hearing on AV-GH (March 21, 2021 Award attached) which we have received his decision today. We were further successful in the ongoing years after 2017/2018 for any grievances filed as well as the original award where the company was limiting when those affected could take their 2 days.
"The Company is directed to allow employees to use their remedial vacation days in conjunction with their scheduled vacation, in the summer months and December. Lost prime time should be replaced by prime time, if the affected employee wishes. Any other outcome would not be a real remedy."
Click here to read this award...This issue revolved around the Company arbitrarily choosing to suspend a number of Conductor Training classes that were already in session in both the East and the West in the fall off 2019 and without any prior notice (10-days) being given to the employees as per the CCBA. To be clear, the Company did not lay these employees off. The involved Conductor Trainees were merely informed that their training was temporarily suspended. All of the employees were subsequently returned to complete their training at the beginning of October, 2019 and approximately 10 days later. The employees that chose to return to service following the 10-day hiatus and completed their training as originally scheduled were addressed in a number of grievances from multiple TCRC Divisions nationwide. Arbitrator Kaplan ruled that the Company is not at liberty to merely suspend a Conductor Training Program at whim and following his review. Each Member involved in this dispute will now receive their compensation as if they were continually employed with the Company for all time held out. This award represents approximately $150,000 to our Members. Should any issues arise in the future regarding our Members training being improperly suspended and/or not receiving requisite 10-day-notice for lay-off; the appropriate Local Chairman should be immediately advised.
Click here to read this award...This was an Award achieved regarding numerous grievances advanced regarding the Company continuously utilizing foreign railway locomotives in the lead position and that do not comply with Collective Agreement provisions / past jurisprudence as well as Canadian Regulations. Specifically, the issue and grievances in connection with foreign locomotives was directed toward locomotives unequipped with proper fridges, hot plates, and vinyl seats. The Award in itself is self-explanatory, and clearly, Arbitrator Kaplan agreed with the Union position in this matter. Our focus now must be to ensure our Membership immediately notify the Company when we receive a train/assignment with a non-compliant locomotive leading to ensure it is swapped properly and to ensure that subsequent crews do not have to work under substandard conditions.
Click here to read this award...“The December General Holiday dates extended the vacation to January and the vacation was further extended by the January General Holiday dates. There Is no other interpretation. Management knew all of this and agreed to this in advance; why else would it otherwise have started calling the cohort on the evening of January 2nd asking them to sign on for duty?” The Arbitrator agreed with our position and awarded “the remedy for each affected employee is $175 per day lost and each affected employee shall receive an additional day of vacation, or if two days were lost, two additional days of vacation, on a mutually agreed day, or dates, as the case may be.”
Click here to read this award...For years there has been a local rule governing the assignments and clarifying the entitlements of payments for crews to work at the Spence outpost. The agreement has been tested on several occasions including the forcing of employees to Spence in CROA 4294. Regardless, it was a local rule and the Company cancelled it in accordance with the terms of the agreement and the Arbitrator found such. Of significance to the matter is the Arbitrator recognizing and confirming the applicability of the two letters within the CBA regarding Outposts. The affected employees will receive all compensation associated with deadheading and those letters.
Click here to read this award...The Company’s initiative to remove containers, that had been flagged by customs, directly off a train just over the border at Portal North, Dakota. The operation of the “Live Lift” results in, on many occasions, the head end of the train going outside the terminal switching limits. In an effort to resolve the issue, Arbitrator Kaplan mediated the issue resulting in the appendix to the award. As such, the outstanding grievances, and claims held in abeyance, will be paid at 75 miles and on a go forward basis the crews will be 50 miles to perform the “Live Lift”.
Click here to read this award...It is my view that the termination penalty imposed on the grievor, an 11-year employee, for the GOI breaches for this incident, is excessive. The grievor’s termination shall be substituted with a 30-day suspension. He shall be reinstated to his former position and otherwise made whole.
Click here to read this award...The grievance is upheld. The grievor shall be reinstated to service without loss of seniority and shall otherwise be made whole. I shall retain jurisdiction should any issues arise in the implementation of this award.
Click here to read this award...The award was anchored by the Letter. It notes that the words “set off” and “pick up” were not present in the relevant provisions of the collective agreement. It then went on to provide – even though these words were absent – that Conductor Only crews could continue to do two things.
Click here to read this award...In brief, all four grievances submitted to arbitration allege a violation of Conductor Only Provisions at the Final Terminal. Both parties filled detailed written briefs and reply briefs. The cases proceeded to a hearing by Zoom on November 11, 2020.
Click here to read this award...“The arbitrator heard the grievance on the merits on October 10, 2019. In his decision dated October 23, 2019, the arbitrator determined that residual traces of marijuana in the grievor’s urine as a result of recreational off-duty marijuana use did not “establish impairment”, did not violate the Drug Policy, and did not establish just cause to terminate his employment. The arbitrator ordered CP to reinstate the grievor as an employee “
Click here to read this award...BTC 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.
Click here to read this award...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.
Click here to read this award...Sisters and Brothers, This is in regard to the second to final remaining dispute (Conductor Only Initial Terminal Violations) from our last bargaining sessions with CP and agreed by the parties to be heard by Arbitrator William Kaplan in the closed period. We have one last issue to be heard by Mr. Kaplan on November 11, 2020, that being Final Terminal Switching Violations. These proceedings have been delayed significantly due to the Covid-19 pandemic, and are being heard electronically as opposed to in-person hearings due to our inability to meet face to face.
Click here to read these awards...The grievor shall be compensated from the date of the issuance of the award on June 11, 2020 to the date he returned to duty, June 29, 2020. I shall remain seized should the parties disagree on the amount owing to the grievor for this time period.
Click here to read this award...The Company has not demonstrated a reason to warrant a second investigation. In this case, the second investigation is the only evidence upon which the Company relies to assess discipline. I find that the second investigation was not conducted within the requirements of Article 39. Therefore, I am striking the investigation transcript from the record. Absent any evidence supporting the discipline, I find the discipline null and void and order it be expunged from Mr. Carron’s file.
Mr. Carron is to be made whole for all of his losses, with applicable interest within 30 days of this award.
Click here to read this award...While I understand the complexity of the 24/7 operations and the importance of attendance management, there is simply no medical evidence to persuade me that Mr. Carron mischaracterized his absences from work and should have been disciplined for culpable absences. I am confident Mr. Carron will abide with the requisite notification procedures by informing the Company adequately for future absences. I order that the 15 demerits be stricken from Mr. Carron’s record immediately.
Click here to read this award...The fact that the Locomotive Engineer received no discipline is of no assistance to the Union’s position. The safety violations were those of Mr. Carron alone. Absent of compelling mitigating factors, I see no reason to intervene. The grievance is therefore denied.
Click here to read this award...Accordingly, I direct the grievance shall be allowed in part. The dismissal shall be set aside. The Grievor shall be reinstated without compensation and without loss of seniority.
Click here to read this award...The Grievor’s suspension shall be set aside. Having regard to his repeated failure to follow the rules (even though discovered in the course of proficiency tests), I impose a discipline of a 10 day suspension.
Click here to read this award...However, notwithstanding his dubious disciplinary history, and taking into consideration the Company’s failure to prove the first violation here, I am of the view that the appropriate discipline in this case would be a written warning to the Grievor. The grievance is allowed in part. The Grievor’s 9-day suspension shall be set aside and a written warning be substituted in its place. The Grievor shall be made whole and I shall remain seized with respect to the interpretation, application and implementation of this award.
Click here to read this award...I do find that notwithstanding the grievor’s unenviable record, the penalty of termination is excessive and that a lengthy suspension is the appropriate disposition in this case. The suspension must be significant given the grievor’s record and, in particular, his habit of responding inappropriately to management when he violates a safety rule or ignores instructions. The grievance is allowed to the extent that the grievor shall be reinstated to his position without loss of seniority but without any further compensation.
Click here to read this award...The grievor’s work record contains discipline for attendance issues and safety rules violation, most recently in February 2018 for which he was assessed a 20-day suspension (10 days served and 10 days deferred). Bearing in mind his work record and considering his overall behaviour and comments to his supervisors, I do not find the 20-day suspension to be an inappropriate disciplinary response under the circumstances. Accordingly, the grievance is dismissed.
Click here to read this award...For the foregoing reasons, the grievance is allowed in part. The twenty day suspension is to be reduced to a tree day suspension and the Grievor’s record revised accordingly.
Considering all the circumstances in this case and the argumentation submitted by the parties, the 20 day suspension assessed by the Company is maintained.
Click here to read this award...In general, the Grievor's record of thirty-three years of service reflects long periods of service without discipline. The majority of discipline assessments is generally for operational infractions and the twenty and thirty days of suspension are now pending before the arbitrator. The termination of the Grievor’s employment was excessive and unwarranted.
Click here to read this award...The parties be given a period of 60 days from the date hereof to negotiate the appropriate changes to the Golden Zone Agreement - pursuant to Article 35 (1) - taking into consideration the WPP.
Click here to read this award...I agree with counsel for the Union that it was not sufficient for the Company to determine whether there were vacant positions into which the grievor could be placed.
Click here to read this award...Having traces of marijuana in the body may raise a question of whether there is impairment, but that bit of evidence by itself is not enough to establish impairment.
Click here to read this award...Arbitrator Weatherill cited the contradictory results between the oral fluid test and the urine drug test as further support for his finding of insufficient evidence of impairment.
Click here to read this award...I agree with the Union that employees who are required to operate their trains beyond Lambton, in breach of the limits found in the Buffalo/Toronto ESR, must be compensated.
Click here to read this award...I agree with the Union that employees who are required to operate their trains beyond Lambton, in breach of the limits found in the Buffalo/Toronto ESR, must be compensated.
Click here to read this award...The instant case is clearly different, in that the grievance procedure, and the filing of grievances, is expressly provided for in the collective agreement.
Click here to read this award...As a result, the discipline imposed on the grievor on September 15, 2018 when his employment was terminated is declared to be void ab initio.
Click here to read this award...March 23, 2018 - Sisters and Brothers, This morning the Union received the awaited results of our hearings before Arbitrator Clarke in regards to the systemic Over Hours violations.
Click here to read this award...The arbitrator orders CP to reinstate Mr. Lang in his employment, with compensation and without loss of seniority, except for the period of the 7-day suspension.
Click here to read this award...Given the circumstances outlined in the parties’ briefs and documents, I conclude that the Company did not fulfill its duty to accommodate the Grievor.
Click here to read this award...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.
Click here to read this award...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.
Click here to read this award...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.
Click here to read this award...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.
Click here to read this award...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.
Click here to read this award...The arbitrator orders that CP substitute a 60-day suspension for the current 152-day suspension and compensate Conductor Morale for the difference.
Click here to read this award...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.
Click here to read this award...The arbitrator orders that CP reinstate Mr. Shewchuk with appropriate compensation. The 30-day suspension and the termination will be removed from his record.
Click here to read this award...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.
Click here to read this award...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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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.
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.
Click here to read this award...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.
Click here to read this award...Thus, the grievances are allowed. The company shall cease and desist from any such future violations of the collective agreements.
Click here to read this award...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.
Click here to read this award...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.
Click here to read this 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.
Click here to read this award...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.
Click here to read this award...One important issue that was addressed concerned bridging to EDO’s. We reached the following agreement on this issue.
Click here to read this agreement...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.
Click here to read this award...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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