Conductor Only Initial Terminal Disputes
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.
Be aware of the specific question
As
per the above and following as per the agreement reached in our last
contract, we met with the Company to determine four separate grievances
that would attempt to encapsulate and determine the outcome of the bulk
of our outstanding grievances regarding C-Only initial terminal
switching currently open.
The awards are very short, so you need to be aware of the specific question put to the Arbitrator and further be aware of the consequence / remedy / outcome of each, and as follows:
Grievance 1A:
At issue in this case is whether the company can require a Conductor Only
freight crew to Yard another train prior to departing the initial
terminal with their own train. Both parties filed detailed briefs and
the case proceeded to a hearing by Zoom on October 16, 2020. The answer
to this question is no: this is precluded by article 67.02. The remedy
for this breach is that the affected Conductor Only crew members to be
paid 75 miles. Should there be future breaches of this type, the company
shall pay 100 chargeable miles for the Conductor Only crew members who
perform the work and 100 non-chargeable miles for:
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this award...
Grievance 1B:
The matter to be decided in this case is whether the company can require
a Conductor Only freight crew to make a set off from their train prior
to departing from the initial terminal. Both parties filed detailed
briefs and the matter proceeded to a hearing by Zoom on October 16,
2020. Article 67.02 of the collective agreement is engaged. The answer
to the question is yes subject to the Letter re: Conductor Only Final
Terminal dated August 31, 1992 and its application, both east and west
(CA at page 229). The company has furthermore confirmed its commitment
to abide by its terms.
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this award...
Grievance 1c:
At issue in this case is whether the company can require a Conductor Only
freight crew to lift cars at the initial terminal and also later require
that they set off those cars prior to departing the initial terminal.
Both parties filed detailed written briefs and the case proceeded to a
hearing by Zoom on October 16, 2020.
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this award...
Grievance 1d:
At issue in this case is whether the company can require a Conductor Only
freight crew to set off a Bad Order car(s) at a location that is at the
discretion of the company within the initial terminal. Both parties
filed detailed written briefs and the case proceeded to a hearing by
Zoom on October 16, 2020. This case engages Article 67.02 of the
collective agreement. Given that provision, the answer to this question
is yes provided that is verifiably a Bad Order car(s) and that the
setting off of such is within the initial terminal.
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this award...