Awards & Resolves


 

Non-bargaining unit employees on the Lacolle sub

Thus, the grievances are allowed. The company shall cease and desist from any such future violations of the collective agreements. I order that all work done by US crews since October 29, 2013, be returned to the bargaining unit.

Learn More...

 

 

Shepard Award

After carefully considering the submissions of the parties, I find the Company breached the Collective Agreement by unilaterally cancelling the Shepard Agreement.

Learn More...

 

 

Pitt Meadows Award

After carefully considering the submissions of the parties, I find that the Company breached the Collective Agreement by unilaterally cancelling the Pitt Meadows MOA.

Learn More...

 

 

Reporting for duty in the Edmonton area

In terms of orders, I am of the view that only my order for an abeyance code is necessary at this time. I believe it is best to remit the remainder of the remedial relief back to the parties to discuss together with the issues arising from the cancellation of the Red Deer Interim Diversion Agreement. I am hopeful that my awards will assist the parties in focusing their discussions and resolving their differences.

Learn More...

 

 

Red Deer Interim Diversion Agreement

In terms of orders, I order the Company to immediately establish an abeyance code for Red Deer crews and Edmonton crews in accordance with the Union's request as outlined in this award.

Learn More...

 

 

Company Vehicles

The arbitrator accepts TCRC’s grievance and declares that CP’s practice of having members drive company vehicles to DH violates the collective agreement.

Learn More...

 

 

RCLS assignments at Moose Jaw and Vancouver

In my opinion, the Company was not exercising a contractual right under the earlier agreements. Rather, the Company was initiating a material change in working conditions, which has had significant adverse effects on the current employees working at these two terminals. Accordingly, for all the reasons I have set out above, I am allowing the grievances.

Learn More...

 

 

The arbitrator orders that CP reinstate Ms. Brander

The arbitrator orders that CP reinstate Ms. Brander forthwith. CP will substitute 15 demerit points for the 2014 30-day suspension it imposed. CP will substitute a 5-day suspension for Ms. Brander’s 2016 termination.

Learn More...

 

 

Appeal of the dismissal of Conductor M. Toelly

I am satisfied that, in the circumstances, it is reasonable for the Company to conclude that it can no longer trust the Grievor to perform to the high standards that are required of his job.

Learn More...

 

 

Delson Award

Therefore, after carefully considering the parties’ submissions, I am compelled to find that the Union’s position is correct. The collective agreements and past practice confirm that Delson is outside the Montreal Terminal. The Company is not at liberty to unilaterally declare Delson to be within the Montreal Terminal.

Learn More...

 

 

Delson Award

Therefore, after carefully considering the parties’ submissions, I am compelled to find that the Union’s position is correct. The collective agreements and past practice confirm that Delson is outside the Montreal Terminal. The Company is not at liberty to unilaterally declare Delson to be within the Montreal Terminal.

Learn More...

 

Ex Parte: Lambton Award 

I order the Company to cease and desist operating trains operating trains contrary to my findings. I order the Company to create an abeyance code for all claims arising from their conduct.

Learn More...

 

 

Appeal of the dismissal of Conductor Trainee Popescu

Therefore, for the above-mentioned reasons, the grievance is allowed. Mr. Popescu is to be reinstated into employment as a Conductor Trainee, with compensation for all lost wages and benefits.

Learn More...

 

 

The Company’s refusal to allow Conductor Alfredo Cordero to rescind his notice of resignation

No such right is granted to the Grievor by the Collective Agreement in the case at hand. Perhaps Mr. Cordero regrets his decision to resign from the Company; this is not, however, sufficient grounds to reinstate him in his previous position.

Learn More...

 

 

Appeal of the dismissal of Conductor Frank Curtis

For the above-mentioned reasons, the grievance is allowed in part. The discharge shall be recorded as a three months’ suspension. The Grievor is to be reinstated forthwith without loss of seniority and with compensation for all wages and benefits lost, save for the three months’ period of suspension.

Learn More...

 

 

Appeal of a 30 day suspension, and discharge of Mr. R

The dismissal shall be removed from the Grievor’s record and he shall be reinstated forthwith without loss of seniority, but without compensation for lost wages and benefits.

Learn More...

 

 

Appeal of the dismissal of Conductor AB 

Thus, for the above-mentioned reasons, the grievance is allowed. The Grievor is to be reinstated in his position forthwith without loss of seniority and is to be compensated for all wages and benefits lost.

Learn More...

 

 

OM payments at Vaughan

Appeal of the Company’s unilateral changes of not paying “off main track payments” (OM) at Vaughan Yard and the refusal to establish an Abeyance Code for these declined claims.

Learn More...

 

 

CROA 4525 - Dispute with respect to the implementation of CROA Case No. 4208

Dispute with respect to the implementation of CROA Case No. 4208, specifically as to whether Mr. Gauvin’s July 2008 dismissal disentitled him to HAS benefits for his service prior to his dismissal.

Learn More...

 

 

Appeal of five assessments of discipline, and subsequent discharge of Conductor D. Playfair

Since CP did not meet its evidentiary burden, the arbitrator upholds the TCRC’s grievance and orders that this discipline be struck from Mr. Playfair’s discipline record.

Learn More...

 

 

Appeal of the dismissal of Conductor I. Lougheed

The arbitrator orders CP to reinstate Mr. Lougheed with full compensation and to replace his dismissal with a written warning.

Learn More...

 

 

Handling of Unassigned Employees

I am hopeful that this award, together with my August 3, 2016 Award, will provide the parties with the necessary direction to review and resolve all the outstanding claims. However, in the event that the parties cannot resolve all the outstanding claims.

Learn More...

 

 

ESR Between Winnipeg & Thief River Falls 

Accordingly, for all of the reasons stated above, I find and declare that the material change provisions of the Collective Agreements do not permit the Company the right to initiate the proposed January 22, 2016 ESR between Winnipeg, MB and Thief River Falls, MN without the need to change crews in Emerson, MB or Noyes, MN.

Learn More...

 

 

AV Vacancy Award

Employees shall be permitted to change their vacation period into a week or weeks, which are not fully allocated. Such changes shall be made on a seniority basis, according to the craft list the employee falls within that particular year. 

Learn More...

 

 

AdHoc Award 641 - RCLS 

This award concerns an arbitration held under the material change provisions of the four separate collective agreements governing the services of Locomotive Engineers (“LEs”) – East and West and Conductors/Trainmen/Yardmen (“CTYs”) – East and West pursuant to notices issued on September 18, 2014 and April 15, 2015. The relevant provisions of the collective agreements are found in article 72 of the collective agreements governing CTYs and article 34 of the collective agreements governing LEs.

Learn More...

 

 

Forced Rest Award

In conclusion, having regard to my findings in this matter, the Company is ordered to cease and desist violating the Collective Agreements. The Company is directed to comply with their obligations under the Collective Agreements, including the Kaplan Award. 

Learn More...

 

 

The use of  jump seats for deadheading

We have received a response from Keith Shearer, GM Regulatory and Operating Practices on the issue of the use of GE Locomotive jump seats for deadheading crews.

Learn More...

 

 

Thief River Falls Notice of Material Change

TCRC Winnipeg Division 76 membership are successful at Arbitration. The decision of the Arbitrator in this case demonstrates that the diligence and the hard work by the TCRC membership within Division 76, the Division 76 elected Officers, and the General Committee elected Officers was sufficient to defeat the unreasonable and unsupportable actions of the Labour Relations Management within CP Rail.

Learn More...

 

 

CP notice to withdraw from the CROA

TCRC Collective Agreements remains contractually obligated to refer or accept the referral of any grievances to CROA&DR involving our Union for final disposition in accordance with Sections 56 and 57 of the Canada Labour Code. 

Learn More...

 

 

CIRB Decision - Union Leave

Please see the attached award from the CIRB that we received today regarding Union Leave and our complaint following our legal work stoppage. As you will read, the CIRB found that the employer did breach section 94(1)(a) of the Code.

Learn More...

 

 

Consolidated Collective Agreement

As you will recall, two outstanding issues remained from the December 2012 Kaplan Arbitration. Commuted value for terminally ill employees and the Company’s demand to execute a Consolidated Collective Agreement.

Learn More...

 

 

Appeal Demerits and termination of Peter Kurg

The grievor is to be reinstated into his position with the Company forthwith, without loss of seniority and with compensation for all wages and benefits lost.

Learn More...

 

 

Appeal Demerits and termination of R.G. McKinney

This grievance is therefore allowed, in part. I direct that the grievor be reinstated to his employment forthwith, without compensation for wages and benefits lost and without loss of seniority.

Learn More...

 

 

CIRB Decision - Managers Running Trains 

This is in regards to recent discussions concerning the use of Management personnel to preform bargaining unit work.  

Learn More...

 

 

CIRB Decision - Union Leave

Please see the attached award from the CIRB. As you will read, the CIRB found that the employer did breach section 94(1)(a) of the Code. Further, the CIRB ordered the interim agreement dated April 22, 2014 will remain in effect until a new collective agreement is in place.  

Learn More...

 

 

Benefits during suspensions

Reinstatement of employee Extended Health/Dental benefits during disciplinary suspensions of less than 30 days. 

Learn More...

 

 

CP to fight order to hire back engineer

“The arbitrator’s decision is an outrage and, as a railroader, I am appalled we would be forced to place this employee back in the cab of a locomotive. On my watch, this individual will not operate a locomotive,” said CP’s chief executive officer Hunter Harrison in a news release.

Learn More...