AH – 378
IN THE MATTER OF AN ARBITRATION
CANADIAN PACIFIC RAILWAY LIMITED
OF RAILWAY OPERATING UNIONS
(UNITED TRANSPORTATION UNION)
GRIEVANCE RE PAYMENT FOR SERVICE OFF MAIN LINE
SOLE ARBITRATOR: Michel G. Picher
There appeared on behalf of the Company:
H. B. Butterworth – Labour Relations Officer, Toronto
M. G. DeGirolamo – Director, Labour Relations, Montreal
R. E. Wilson – Manager, Labour Relations, Toronto
G. Chehowy – Manager, Labour Relations, Montreal
M. E. Keiran – Manager, Labour Relations, Vancouver
L. J. Guenther – Labour Relations Officer, Vancouver
R. M. Smith – Labour Relations Officer, Montreal
And on behalf of the Union:
D. A. Warren – General Chairperson (UTU), Toronto
L. O. Schillaci – General Chairperson (UTU), Calgary
R. S. McKenna – General Chairman (BLE), Barrie
D. C. Curtis – General Chairman (BLE), Calgary
B. L. McLafferty – Vice-General Chairperson (UTU), Moose Jaw
S. B. Keene – Vice-General Chairperson (UTU), London
V. H. Hamilton – Secretary (UTU), Lumbarby
A hearing in this matter was held at Montreal, 12 February 1996
The Dispute and Statement of Issue submitted by the parties at the hearing are as follows:
The refusal of the Company to pay off mainline payments to Assignments 90/91, Havelock Subdivisions.
STATEMENT OF ISSUE:
Crews assigned to Havelock West Turn Assignment 90/91 on arrival Agincourt, turnaround point, submit wage claims for off mainline payment in accordance with article 11(c).
The Company has adjusted the wage claims to reflect actual miles run at turning point on the basis that assignment 90/91 crews are paid actual miles to mileage 181.5 Havelock Division, all work performed is station switching within a yard, parallel to the Havelock mainline between mi. 178.9 and 181.5 Havelock Subdivision.
The Council submits that all work performed beyond mileage 178 Havelock Subdivision is performed in accordance with article 11(c) and request payment for all lost wages.
The Company has declined to pay the disputed portion of the wage claims.
This grievance deals with the claim for payment for service off the main line in respect of Assignments 90/91 on the Havelock Subdivision. The claim of the Council rests upon its view of the application of article 11(c) of the collective agreement which provides as follows:
11 (c) Mileage or hours made, whichever is the greater, when engine is run more than one mile off main track will be added to mileage of the trip.
Having heard the submissions of the parties the Arbitrator is not persuaded that the Council has discharged the burden which is upon it of proving the application of that article in the instant case. It is common ground that this situation was addressed many years ago in respect of the claim of a conductor, Mr. A.J. Bell, and that his claim was resolved on the basis of a general agreement which apparently applied with some consistency down through the years since that time. In accordance with that agreement, crews in service on the Havelock turn have been paid actual miles to Mileage 181.5, the very adjustment which was made to the crew in respect of the claim now before me. I am satisfied that whatever ultimate interpretation must be given to article 11(c) in other cases, in the instant case the parties have, for a great number of years, resolved their own understanding as concerns the Havelock turn. On that basis the grievance must be dismissed.
Signed at Montreal, this 14th day of February 1996
(signed) MICHEL G. PICHER