Updates

Appeal of the 45-day suspension and subsequent Dismissal of Conductor Todd Lavigne of Coquitlam, BC.

Under the circumstances, I find that the appropriate discipline for this incident should be a further period of suspension. The dismissal penalty shall be removed from the grievor’s record and substituted with a suspension of 45 days. The grievor shall be reinstated into his employment and made whole without loss of seniority. The Suspension grievance succeeds. The 30-day suspension is set aside. The Dismissal grievance also succeeds to the extent that a 45-day suspension is substituted for the grievor’s dismissal.

ALetter from CP EVP Regarding Canada’s COVID-19 self-isolation

CP interpreted this exemption to apply to workers critical to the operation of the railway, not just to those crew members who cross the Canada-U.S. border as part of their duties. We were supported in this position in discussions with government officials. We see, however, that Brigitte Diogo of Transport Canada has since advised you that the exemption should not apply to a worker returning from a vacation or a personal trip to the U.S. Thank you for sharing that communication with us.

Appeal of the dismissal of Conductor A. Blossom

In general, the Grievor's record of thirty-three years of service reflects long periods of service without discipline. The majority of discipline assessments is generally for operational infractions and the twenty and thirty days of suspension are now pending before the arbitrator. The termination of the Grievor’s employment was excessive and unwarranted.

Violation of the Golden Zone Agreement

Accordingly, the appropriate resolution of this matter is to direct that:
a) the parties be given a period of 60 days from the date hereof to negotiate the appropriate changes to the Golden Zone Agreement - pursuant to Article 35 (1) - taking into consideration the WPP; the provisions of Article 25.05 and the parties’ past practice.
b) failing agreement thereon, the matter is to be returned to me for determination; 

Company Failed to provide Accommodation to Conductor M. Straka

I agree with counsel for the Union that it was not sufficient for the Company to determine whether there were vacant positions into which the grievor could be placed. The duty of accommodation goes further, requiring the employer to consider whether various job functions can be bundled together to create a sufficiently productive accommodated position. Additionally, the obligation of scrutiny on the part of the employer, and for that matter on the part of the Union, extends beyond the bargaining unit and can encompass managerial responsibilities or work in relation to another bargaining unit, subject only to the limitation of undue hardship.

Teamsters Call for Independent Police Investigation into Field Derailment

Montréal, January 27, 2020 – Following allegations of a cover-up by the Canadian Pacific Police Service (CPPS) in relation to the Field derailment, the Teamsters are calling for an independent RCMP investigation into the deadly rail disaster. The union is also reiterating its call for the federal government to abolish corporate police forces. 

Best Wishes for a Happy and Safe Holiday

The TCRC Executive would like to wish our members and their families our very best wishes for a happy and safe holiday.

Brother Kirk McLean GoFundMe

As everyone is aware brother Kirk Mclean tragically passed away on December 2nd while on duty. TCRC Division 320 has setup a GoFundMe to collect funds for Mrs. McLean and the McLean family to help ease their financial burden during this extremely difficult time.

Appeal of the dismissal of Conductor N. Eisner

Having traces of marijuana in the body may raise a question of whether there is impairment, but that bit of evidence by itself is not enough to establish impairment, whereas the negative breath alcohol and oral fluid tests strongly indicate that there was not. There is no suggestion whatever that the grievor’s conduct, movements or verbal behaviour were indicative of impairment.

 Appeal of the dismissal of Conductor S. Velanoff

Having traces of marijuana in the body may raise a question of whether there is impairment, but that bit of evidence by itself is not enough to establish impairment, whereas the negative breath alcohol and oral fluid tests strongly indicate that there was not. There is no suggestion whatever that the grievor’s conduct, movements or verbal behaviour were indicative of impairment.

Employees Entitlement When Held Out or Suspended

This case concerns the entitlement of employees who are held out of service or suspended for greater than thirty days. The parties filed detailed briefs and the matter proceeded to a hearing in Toronto. 

Action Required for Benefits Provider Change

Effective January 1st, 2020, Sun Life will be your new benefits provider for Health, Dental, Life Insurance, and Optional Life benefits. Morneau Shepell will be your new Weekly Indemnity Benefit (WIB) provider. AIG will continue to be the provider for Accidental Death and Dismemberment (AD&D). The benefits will remain the same.

Brother Ryan Campbell

On the morning of September 20, 2019, CP Rail Conductor Trainee Ryan Campbell, age 42, who is currently working out of Brandon, MB, was struck by a train travelling 25 MPH while detraining from a locomotive to perform switching in Estevan, SK.  Ryan has sustained serious injuries and will be unable to work for an extended period of time.  He is currently hospitalized with a broken pelvis, broken hip and broken ribs.  A Go Fund Me was set up to provide support for his family. Please join us in donating what you can.      

Grievance Management Tracking System

The GMS is not a joint union-management program; it is not the property equally of the company and the union, as is the collective agreement. Thus, the company’s letter of April5, 2019 improperly limits the rights of the union and of employees to file grievances and constitutes, I find, a violation of the collective agreement.

Kaplan award - Turned enroute back to the AFHT

The Company introduced evidence of earlier iterations of the language in question, but respectfully those earlier iterations, dating back decades, are not helpful as these provisions have been changed in more than one respect, and they simply do not meet the basic test for relying on bargaining history or otherwise as an aide to interpretation. One is left with the collective agreement language, and it is clear and compelling: the company can, in certain circumstances change the class, of service and if does so, it can return the crew to their Home Terminal or, if turned, pay them the 100 miles. Accordingly, and for the foregoing reasons, the crew is each entitled to compensation for 100 miles.

Buffalo ESR Supplemental Award

I agree with the Union that employees who are required to operate their trains beyond Lambton, in breach of the limits found in the Buffalo/Toronto ESR, must be compensated for the additional work being required by the Company. To require employees to provide such additional work without compensation would be absurd (requiring additional work without additional compensation) and would do nothing to ensure compliance by the Company in the future.

In Memory of Brother Ken Sikorski

After a long battle with cancer, Ken found peace surrounded by his loved ones on Tuesday, March 26, 2019 at the age of 59 years. Ken worked for CP from 1987 to 2016 and couldn't wait to retire.