IN THE MATTER OF AN ARBITRATION
BETWEEN: THE BRITISH COLUMBIA RAILWAY COMPANY
(THE “EMPLOYER”)
AND THE CANADIAN UNION OF TRANSPORTATION
EMPLOYEES, LOCAL NO 6 (MAINTENANCE OF WAY)
(THE ”UNION”)
Arbitrator: Bryan E. Williams
Appearing For The Parties:
:
Mr. Hugh Collins , for the Employer
Mr. Ian Donald, for the Union
Place and date of Hearing:
Vancouver, British Columbia
September 27, 1978.
The parties agreed that I was properly constituted as a single arbitrator with jurisdiction to decide the issue in dispute.
The issue:
Can the employer require Maintainers (Grade 1) or Heavy Duty Mechanics filing certain positions to be in possession of a valid B. C. driver’s licence and a valid “D” Book?
Joint Statement Of Issue:
The railway has on different occasions required applicants for certain Maintainer (Grade 1) and heavy Duty mechanic positions to be in possession of a valid B. C. driver’s licence and to hold a valid “D” Book signifying they have successfully passed the Railway’s examination to operate a speeder on the track.
It is the contention of the Union that the Railway is arbitrarily adding qualification requirements to the classification of Maintainer (Grade 1) and Heavy Duty Mechanic set out in the Collective Agreement.
The Railway does not agree with the Union position.
The union argued that by requiring the Maintainer (Grade 1) and Heavy Duty Mechanic to be in possession of a valid “D” Book and a valid B. C. driver’s licence, the employer was attempting to modify or add to the Collective Agreement. The Union further argued that the qualifications for the said positions were the subject of collective bargaining, not only in respect to the definition of the qualifications, but also in respect to the negotiation of the wage rate having regard to those qualifications.
The bulletins giving rise to this dispute contained the addition of the following:
“Applicants shall also hold a valid “D” Book and must possess a valid B. C. Driver’s Licence.”
The Union argued that these additional requirements were not included in the negotiated job descriptions and therefore should not be a condition of employment when the job is bulletined.
The Employer argued that there is no rule in the Collective Agreement which prohibits the Railway from requiring certain job categories operating a railway motor car or driving a company roadway vehicle while on a public road. The Employer further argued that it is necessary for certain Maintainer and heavy Duty Mechanic positions to use railway motor cars and roadway vehicles in order to fulfill their respective functions for which they are qualified and for which they are being paid. Also, there is no monetary loss to Maintainers or Heavy Duty Mechanics when they are required to operate these vehicles.
After hearing the evidence and perusing the written submissions, it is noted that in some of the Job Bulletins there is no requirement for a valid B. C. driver’s licence, while others require both the driver’s licence and the “D” Book.
In Appendix 1 to the Collective Agreement there is a reference on Page 91 which states:
“When driving a truck outside of regular assigned hours time so occupied will go to make up the
one hundred and eighty nine (189) hours.”
In the Rules and Regulations there is a list of occupations requiring a “D” Book qualification. In that list
on page V the following are noted as examples:
Machine Opr. (Grp. II & III, when specified by bulletin)
Maintainer (when specified by bulletin)
While the qualifications for a maintainer (Grade 1) are clearly spelled out in the Collective Agreement
(Appendix 1, p. 93) and there is no reference to a valid B.C. driver’s licence or a valid “D” Book, there is a reference to “… in the shop and field.”
There are times when there are breakdowns “in the shop and field” and the Maintainer must use public
roads or a railway motor car to get to the site of the breakdown. I cannot find anything in the Collective agreement which states he must be driven to the site of a breakdown by another person (such as a Teamster).
In view of the forgoing, I must agree with the Employer that it is not adding qualification requirements for
the position of maintainer (Grade 1 and Heavy Duty Mechanic when it requires the applicant to be a holder of a valid B.C. driver’s licence and a “D” Book. This requirement only provides a means of transportation for the employee to function in the capacity for which he is qualified.
Therefore, my findings are as follows:
The Employer is not in violation of the Collective Agreement by requiring Maintainers (Grade 1) or Heavy
Duty Mechanics filling certain positions to be in possession of a valid B.C. driver’s licence and a valid “D” Book.
It is so awarded.
Dated at Mission, British Columbia, this 14th day of November, 1978.
Bryan E. Williams
Arbitrator