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Cancellation of scheduled vacation days in January 2018  

March 26th 2021

“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.”  

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Outpost at Spence 

March 26th 2021

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. 

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Live lift work past the border in Portal 

March 26th 2021

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”. 

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Kaplan Awards Final Terminal

November 27th 2020

On October 16, 2020, a number of matters proceeded to a hearing and awards were issued on October 19, 2020. An interpretation dispute subsequently arose in respect of one of the awards, and the parties asked that it be determined by written submissions.

In brief, one of the particular matters that first went to hearing was 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. The answer to that question, as set out in the award, was yes, but subject to the Letter re: Conductor Only Final Terminal dated August 31, 1992.     

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Kaplan Awards Final Terminal

November 13th 2020

Sisters and Brothers,

Sisters and Brothers, This is in regards to the dispute (Conductor Only Final Terminal Violations) from our last bargaining sessions with CP and agreed to by the parties to be heard by Arbitrator William Kaplan in the closed period. (delayed account Covid19)    

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.

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John Campbell Retires

November 1st 2020

Sisters and Brothers,

Brother John Campbell has retired from his position as General Chairman LE East. On behalf of the members of the TCRC East we wish him health and happiness moving forward.

We would like to congratulate you on all your dedicated years of service to the Sisters and Brothers of our Union. You have provided an unwavering commitment in all the roles and levels of representation that you have taken on throughout your Union career.

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CONDUCTOR ONLY INITIAL TERMINAL DISPUTES  

October 16th 2020

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.

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Appeal of the 45-day suspension of D. Carron

August 10th 2020

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.

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Appeal of the dismissal of Conductor D. Demaray

July 3rd 2020

Considering all of the circumstances, including: his length of service; the discipline free period of his employment prior to 2017; the nature of his past disciplinable breaches; and, his remorse, I am satisfied that the Grievor ought to be provided a final opportunity to prove that he can be a productive and safety conscious team player. 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.

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Appeal of the dismissal of Conductor D. Neglia

June 11th 2020

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.

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Layoff/Recall

June 10th 2020

All during yesterday’s conference call with Labour Relations and the CTY/GC’s, part of our discussions focussed on layoff/recall process. The following was agreed upon to clarify said process.

Layoff would follow the provisions of the Collective Agreement Article 109.

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