Kaplan Awards Final Terminal

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) 

Grievances 2A-2B-2C-2D

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.

The awards are short and all within one document, 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 grievance that was put forward, they are as follows: 

Click here to read this award...

AWARD 2A:

This was a East grievance where crew yarded their train in more tracks than needed.

Answer: NO

Prior to Award: 75 miles for each affected crew members with existing claims.

                               

AWARD 2B:

This was a CTY/LE West grievance regarding a crew at the final terminal required to spot a customer facility.

Answer: NO

The company cannot require the Conductor Only crew to perform extra moves beyond yarding their train at a customer facility.  

Prior to Award:

CTY employees with existing claims will be paid 75 miles.

LE with existing claims will be paid 100 miles at yard rates.

 

AWARD 2C:

This was a East grievance regarding a crew lifting locomotives after yarding their train at the final destination yard.

Answer: NO

The company cannot require the Conductor Only crew to perform extra moves beyond yarding their train at a customer facility.  

Prior to Award:

75 miles for employees with existing claims.

 

AWARD 2D:

This was a CTY/LE East grievance regarding the set off of cars at CN Tascherau Yard after arriving at CP St-Luc Yard.

Answer: Yes