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TCRC Negotiations Bulletin #1
TCRC Negotiations Bulletin #1
November 24th 2023
On November 21 to 23, 2023, along with TCRC President Paul Boucher and TCRC Vice President Ryan Finnson, the Bargaining Committee met with the Company representatives to continue our negotiations in an effort to reach a settlement.
TCRC Negotiations Bulletin #1
September 22nd 2023
As you are all aware, the open period of our contract is upon us. Accordingly, on September 1, 2023, we informed the Company of our intent to negotiate and improve the Collective Agreement. On September 19, 2023, along with TCRC President Paul Boucher and TCRC Vice President Ryan Finnson, the Bargaining Committee met with the Company representatives to exchange our proposals and demands. Copies of both the Union proposals and Company demands are attached for your information and review. The documents will be translated and forwarded as soon as possible.
CP Guilty of Contempt of Court
June 7th 2023
The judge found “beyond a reasonable doubt” that the rail company “intentionally” overworked train crews in 22 incidents of the 38 presented. However, the judge also noted that “CP’s own evidence was that thousands of situations continue to occur annually” where train crews are not relieved from work in time.
The use of cameras at the Schreiber GYO
June 6th 2023
Most important, though, was the specific undertaking given to employees by the Company when the cameras were installed. They are intended only to monitor security. They are not meant to be used to measure employee productivity. In acting as Ms. Bryson did, the Company breached the undertaking it made when the video cameras were introduced. It undertook they would be used only “to investigate claims of theft or break and enter”. That was the Union’s understanding at the time. That was not the purpose for Ms. Bryson’s viewing. In the circumstances, the Company was not entitled to view the video recording when Ms. Bryson did so, and it cannot rely upon them. Accordingly, as was said in CROA 2707 I find it was not reasonable for the Company to have regard to the video tape evidence.
Letter to Membership Regarding DRPR
May 24th 2023
The Company’s plan to adjust or add “regulatory rest” to our members in an unannounced fashion, up to 2200 on the second day an employee is in and has not gone to work, is not scheduled and we oppose it. We recognize that adding any rest to an employee in this manner means the Reset Break will be random and unscheduled. This type of unannounced application of rest is not a scheduled break and is not consistent with fatigue management. We maintain, the Reset Break, to have any real value, needs to be scheduled at the Home Terminal.
Local Rules must be in writing & approved by GM & TCRC GC
February 27th 2023
Due to recent events including wage claim submissions, the Union and the Company have agreed to post this bulletin as a reminder to the employees of the protocols for local agreements.
Appeal of the 30 Day Suspension issued to Conductor Igbelina
January 16th 2023
I
find the investigating officer established that the collision
was avoidable had Conductor Anderson fulfilled the obligations.
I also note that Conductor Ward indicated in his incident report
that he was specifically calling the east end, recognizing that
such permission is safer when given by a crew member in the
location where the move would occur.
For the foregoing reasons, I also find that CP’s investigation was not fair or impartial as required by the collective agreement. The discipline is to be removed from the Grievor’s record and he will be compensated for loss of earnings.
Appeal of the dismissal of Conductor Shawn Arnold
January 16th 2023
In
view of all of the foregoing, I find the failure to recognize
undue delay negatively impacted the Grievor’s right to a fair
and impartial investigation. For the reasons I have set out in
this award, the evidence did not establish culpability. The
evidence necessary or given to the Investigating Officer against
the Grievor was at times unavailable, largely unreliable and in
some cases not credible.
The Grievor’s dismissal is therefore void ab initio.
The Grievor will be reinstated without loss of seniority or benefits and with compensation of all wages in accordance with his original RTW Plan. The RTW Plan will be reviewed and updated accordingly within 30 days of this award.
Buffalo ESR – Order Time for Toronto Return
December 21st 2022
The
arbitrator has considered the parties’ competing interpretations
of the CA. For the reasons expressed above, the CA does not
contemplate CP’s ESR Toronto-Buffalo employees receiving their
“calls” while still on their Toronto-Buffalo tour of duty. The
negotiated language fits far more comfortably within the
scenario, which appears to have been the status quo for years,
of CP calling crews after the expiration of the FRA’s 10- hour
rest period. While this may result in employees receiving “held
away pay” under article 8 of the CA, that result alone is not
sufficient to discount the parties’ existing negotiated wording.
A change to that scenario must come from collective bargaining
rather than from a rights arbitrator. The arbitrator declares
that the Bulletin violates the collective agreement. The TCRC
has requested various resulting remedies. The arbitrator
retains jurisdiction to hear the parties’ arguments in that
regard should they be unable to agree on the appropriate
remedies.
Grievance Of Conductor Willard Calibaba
December 20th 2022
Not
surprisingly, as CP has proved in the past in an impairment case
involving cocaine, severe consequences follow for employees who
work in safety sensitive positions when impaired. But in the
absence of evidence showing impairment at work, CP had no
grounds to discipline Ms. Daniher.
For the above reasons, the arbitrator concludes that CP had no reasonable grounds to test Mr. Calibaba. Consequently, it had no grounds to impose any discipline. The arbitrator grants the TCRC’s remedial request that Mr. Calibaba be reinstated to his position with no loss of seniority and full compensation for all lost wages and benefits. Mr. Calibaba is entitled to interest on these amounts.
Implementation of CROA Awards 4806 & 4807
December 13th 2022
In
2020, the Grievor was discharged from her position as a
Conductor. The Union grieved the discharge and, on January 24,
2022, this Office issued CROA 4806 & 4807 (the “Award”),
ordering the Company to reinstate the Grievor and make her whole
in all respects. I retained jurisdiction regarding the
implementation of the Award.
In the decisions relied upon by the Company, the grievors took no steps or provided no evidence to show that they applied for other work: CROA 4355S, CROA 4505S. In the circumstances of this case, including the short period of time at issue, I am not persuaded that the Grievor failed to take steps to mitigate her losses between January 1 and January 24, 2022. Accordingly, there is no basis to reduce her compensation for the Relevant Period for failing to mitigate. The Grievor is entitled to be compensated at the agreed-upon comparator rate from January 1, 2022 to August 18, 2022.
CP and Teamsters Award (FAF 1804)
December 13th 2022
To
the extent, as asserted by the union, that “union members who
are required to attend disciplinary investigations have found
that their personal health information beyond functional
limitations are relied on as Appendixes in such
proceedings,” that practice must come to an immediate end. An
employee who provides consent on a FAF to disclosure of medical
information does so for one purpose only: to provide the
necessary information for accommodation. Any other use of the
information is completely improper (not including, of course,
when necessary to respond to an accommodation grievance or some
other legal proceeding or as required by law). In the aftermath
of the award, the FAF disclosure provision should have been
revised to comply with the award. The Company is directed to
immediately amend the FAF consent provision to eliminate
reference to Policy 1804 and to promptly inform that union that
it has done so. To the extent that Policy 1804 continues to
allow disclosure of medical information beyond functional
abilities and restrictions for accommodation purposes (or for
use in an accommodation grievance or as required by law) it is
of no force and effect.
Brother Garry Wynne
October 27th 2022
Sisters
& Brothers,
It is with great sadness that we inform you of the passing of Brother Garry Wynne.
On behalf of the members of the Teamsters Canada Rail Conference GCA East we would like to extend our sincere condolences to the Wynne Family. We too will miss Gary.
We share your pain and loss.
Kaplan Arbitration Ruling
Auguts 15th 2022
August
15, 2022 - Sisters and Brothers: This letter is further to our
bulletin of March 22, 2022, with respect to our binding
arbitration/mediation process that was conducted beginning
August 12, 2022 and ending with today’s award issued by
Arbitrator William Kaplan.
Enclosed with this letter is the award issued by the Arbitrator and the agreed-upon items set out in the Memorandum of Settlement dated March 21, 2022.
Appeals of Wade Blackwood
May 10th 2022
The Union had six grievances before the Arbitrator for this Grievor and two were dismissal for accumulation of demerits. The Company requested separate decisions for each grievance. The Grievor was dismissed a second time for a rule violation.
"Based on all the evidence before me, I cannot find that the Company provided a fair and impartial investigation in this case. In my view, the frustration of the Union is understandable given the facts and involvement of Mr. Gough and Mr. Harter in this particular case. However, the particular conceptualization of targeting by the Company in general has not been found as a result of this case."
"In view of all of the foregoing, I find the Grievor’s discipline void ab initio due to the failure to provide a fair investigation and the significant procedural errors set out above. I order CP to reinstate Mr. Blackwood in his employment, with compensation of all wages and benefits lost and without loss of seniority."
Click here to read all six awards...
Appeal of the dismissal of D. Demaray
April 22nd 2022
In these circumstances, there was no basis to discipline the Grievor. His behaviour was not prohibited by any rule and it was not unsafe. It might have been open to the Company to discuss the situation with the Grievor and provide guidance about when to avoid riding on the ladder. However, there was no basis for discipline and this incident should not have led to the Grievor’s discharge.
Given my conclusion that discipline was unwarranted, it is not necessary to address the Union’s allegations that the investigation was unfair and impartial.
The Grievor is reinstated forthwith with full compensation and without loss of seniority.
Bulletin #13 - final & Binding Arbitration
March 22nd 2022
In consideration of the hard positions of the parties at bargaining and the near certainty that our dispute would eventually end in a final and binding arbitration as ordered by the government. For this reason, our bargaining committee made the decision it would be in all of our best interests to take control of the situation and work out an agreement that gives us power over the terms, conditions and eventual arbitrator.
Bulletin #12 - CP Rail Has Initiate a Lockout
March 19th 2022
Despite
our best-efforts CP Rail has chosen to initiate a lockout
tonight 0001 EDT Sunday March 20, 2022, rather than bargain in
good faith, the Union simultaneously with the lockout are also
on strike. During this past nine days (Friday March 11th onward)
the Union has been in position and remained available and ready
to negotiate the issues put forward. Unfortunately, the company
has done little to try and secure a deal. It is clear the
company by its’ forecasting and planned lockout is depending on
the inevitable back to work legislation, as their process of
bargaining.
Update on Canadian Pacific bargaining
March 18th 2022
“First
and foremost, let us mention that this lockout denotes Canadian
Pacific’s irresponsibility in terms of labour relations, as
demonstrated by its poor behaviour at the bargaining table. The
lockout also demonstrates CP’s irresponsibility with regards to
the continuity of the overall Canadian supply chain,” says Dave
Fulton, Teamsters Canada Rail Conference (TCRC) spokesperson at
the bargaining table. After a never-ending pandemic, exploding
commodity prices and the war in Ukraine, this lockout adds an
unnecessary layer of insecurity for many Canadians,”
Saskatchewan Premier scorns rail workers
March 18th 2022
“I
want to remind everyone that only last month, Scott Moe chose to
support a minority of professional truck drivers who used our
roads and bridges to illegally block trade routes with our
largest partner, the United States,” said TCRC President Lyndon
Isaak. “These blockades completely shut down border crossings
and prevented workers and members of the Canadian public, who
were complying with the mandatory vaccine mandate, from crossing
the Canada/U.S. border,”
The TCRC Members at CP vote in Favour of a Strike
March 4th 2020
The Teamsters Canada Rail Conference will continue to participate in the mediation process with the assistance of the Federal Mediation and Conciliation Service (FMCS), and the next meetings are planned to take place between March 11 and March 16, 2022.
Bulletin #9 - Strike Mandate
February 28th 2022
Please be advised that the electronic voting has now closed in our request for a strike mandate and the ballots have been tallied by Simply Voting. Your negotiating committee thanks every member who voted in this matter and for the tremendous response and support from the ballots sent out this past month. There were 3062 ballots sent out to the membership. Simply Voting has provided the following today February 28, 2022, with 96.7% voting in favour of strike action if necessary.
Bulletin #8 - extending the voting period
February 18th 2022
The electronic strike ballots were sent out beginning February 1st, 2022; and there have been numerous requests for replacement ballots due to various reasons including undelivered ballots. We encourage everyone to update their address with the Union. Currently, the balloting was to end on February 21st at 1200 Eastern Standard Time (EST). Given the vast number of requests, we are extending the voting period by one week to end on Monday, February 28th, 2022; at 1800 EST. This will ensure those who are eligible to vote are given a reasonable opportunity to participate.
Your Strike Ballot
February 13th 2022
The balloting opened on February 11th and the process will end on February 21st, 2022, EDT (Eastern Daylight Time). If you have not received your ballot or if you require a replacement ballot please contact the National Office at info@teamstersrail.ca or by phone at 613-235-1828 for instructions on how to obtain a replacement immediately.
Negotiations Bulletin #7
February 10th 2022
Members should be starting to receive their ballot in the mail as they were sent out via Canada Post on February 01, 2022. We urge all to cast their vote in an act of solidarity in the interest of protecting your working conditions, benefits and wages. It is extremely important to send the Company a clear message that the Membership supports the TCRC Bargaining Committee and the proposals that have been put forward on behalf of the Membership.
Strike Vote at Canadian Pacific
February 10th 2022
Montreal, February 10, 2022 - The Teamsters Canada Rail Conference (TCRC) has served a Notice of Dispute to the Minister of Labour under the Canada Labour Code in accordance with the Canada Labour Code regarding its dispute with CP Rail. The main issues at hand include wages, benefits and pensions.
Strike Ballots - Negotiations Bulletin #6
February 6th 2022
With respect to Bulletin #5, this is to advise that we commenced distributing strike ballots to the membership on February 01, 2022, via Canada Post. The membership should begin receiving this information immediately. Detailed instructions as to voting timelines and directions on the electronic ballot process being conducted by “Simply Voting” will be contained within this correspondence.
Appeal of the demerits/dismissal of Lesley Hanna
January 27th 2022
The
Employer argued that the discipline imposed on the Grievor was
reasonable and in keeping with its Hybrid Discipline and
Accountability Guidelines. The Union objected to the Guidelines
because they were introduced unilaterally by the Employer and
are the subject of outstanding Union grievances. These issues
are beyond the scope of my jurisdiction. Having assessed the
discipline based on existing CROA jurisprudence and principles,
I am satisfied that the discipline imposed was excessive and
must either be rescinded or reduced, as described above. The
grievances are allowed, in part.
The Grievor’s disciplinary record should reflect a total of 25 demerits points for the incidents reviewed in this award. This would have brought her active discipline record to 45 demerit points at the time of her termination, which is below the threshold for termination under the Brown system. Therefore, the termination is set aside and the Grievor is to be reinstated and made whole in all respects.
Negotiations Bulletin #5
January 21st 2022
As
you are also aware we will be conducting a strike vote and you
will be seeing your ballot information in the mail soon. The
vote will be conducted electronically through Simply Voting.
With respect to the Company’s letter, and response to our Negotiation Bulletin #4, that was forwarded to the Local Chairs as well as being posted in yard offices and on bulletin boards, we have filed an unfair labour practice complaint with the Canadian Industrial Relations Board (CIRB). The complaint also includes other violations of the Code taking place during bargaining.
Appeal of the dismissal of Conductor C. Hoyt
December 24th 2021
For the reasons set out above, I find that the Company did not discharge its burden of proving that the Grievor was impaired while on duty or subject to duty, or otherwise violated Rule G, the Policy or Procedure, nor that the June 10, 2019 incident was caused, in whole or in part, by his alleged impairment. In the absence of impairment, there is no cause for discipline. In the circumstances, I find that the Grievor’s dismissal due to his drug consumption and test result of June 2019 was not warranted.
I order that the Grievor be reinstated without loss of service and that he be made whole for all compensation and benefits lost.
Appeal of the Company's layoff of Hamilton based employees
December 13th 2021
Article 5.7 of the ESR Agreement states that, for the purposes of employees’ annual vacation (referred to in Article 5.7 as “AV”), Hamilton will be treated as an independent terminal. Contrary to the Company’s submission, Article 5.7 does not state that Hamilton will be treated as an independent terminal “only” for employees’ annual vacation purposes. Therefore, Article 5.7 is not inconsistent with the finding that Article 5.8 also creates a special regime for the staffing of assignments. For these reasons, the grievance is allowed.
I order that the Grievors be compensated for all lost wages for the layoff period at issue and that they be made whole, notably regarding pension, vacation, benefits, earned days off and vacation, without loss of seniority.
Negotiations Bulletin #4
December 10th 2021
This is to inform you that we will serve notice of dispute to the Minister of Labour with respect to our current round of collective bargaining with CP Rail.
Following each session, we will provide the Divisions with an updated bulletin. Please distribute these documents ensuring the Membership is apprised of these and any further developments.
Appeal of the dismissal of M. Warner
October 28th 2021
In the circumstances, I find that the Grievor’s dismissal was not warranted. I order that the Grievor be reinstated without loss of service and that he be made whole for all compensation and benefits lost. I remain seized with respect to the implementation of this decision.
Supplemental – AV & GH
July 23rd 2021
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."
Suspension of Conductor Training
May 7th 2021
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.
Lethbridge Non-Compliant Locomotive
May 7th 2021
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.
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.”
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.
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”.
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.
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.
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.
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.
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.