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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."

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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.

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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.  

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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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