Updates

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.