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. However, these facts were pointed out at the original
hearing and I found that the Company could operate the same pair of
trains, under the same circumstances (a single fixed mileage tour of
duty) into Lambton Yard, which is east of Obico Yard and closer to
Toronto Yard by 3.8 miles. I agree with the Company that the difference
in locations is marginal.
More Awards
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...