AH – 380

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC RAILWAY LIMITED

(the “Company”)

AND

CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS
(BROTHERHOOD OF LOCOMOTIVE ENGINEERS)

(the “Council”)

GRIEVANCE RE CONSOLIDATION OF SENIORITY DISTRICTS

SOLE ARBITRATOR:                Michel G. Picher

There appeared on behalf of the Company:

M. E. Keiran                              – Manager, Labour Relations, Vancouver

M. G. DeGirolamo                      – Director, Labour Relations, Montreal

R. E. Wilson                              – Manager, Labour Relations, Toronto

G. Chehowy                              – Manager, Labour Relations, Montreal

H. B. Butterworth                       – Labour Relations Officer, Toronto

L. J. Guenther                            – Labour Relations Officer, Vancouver

R. M. Smith                               – Labour Relations Officer, Montreal

And on behalf of the Union:

R. S. McKenna                          – General Chairman (BLE), Barrie

D. C. Curtis                               – General Chairman (BLE), Calgary

D. A. Warren                             – General Chairperson (UTU), Toronto

L. O. Schillaci                            – General Chairperson (UTU), 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

AWARD

A hearing in this matter was held in Montreal on February 12, 1996.

DISPUTE:

The consolidation of the DAR, Saint John and Aroostook seniority districts into a CAR Seniority District and the Schreiber, Chapleau and Sudbury seniority districts into an Algoma Seniority District for locomotive engineers.

STATEMENT OF ISSUE:

The Memorandum of Settlement dated August 28, 1992 between the Brotherhood of Locomotive Engineers and the Company provided that the parties would meet during the closed period, within 60 days of the signing of a memorandum of agreement to consolidate the DAR, Saint John and Aroostook seniority districts into a CAR Seniority District and the Schreiber, Chapleau and Sudbury seniority districts into an Algoma Seniority District. Failing agreement, the matter was to be referred to arbitration for final determination.

The Memorandum of Agreement dated November 16, 1992, provided that the issues pertaining to consolidation of seniority territories would be handled as outlined in the Memorandum of Settlement.

The parties entered into an agreement on July 15, 1993, concerning the creation of a CAR and an Algoma Seniority District, that was subject to ratification by the BLE membership. The agreement was not ratified. As a result of the CAR abandonment, a material change agreement was entered into that provided for the integration of CAR employees into District 2, Ontario.

The parties are seeking to have the CAR and Algoma seniority conditions determined by arbitration.

Having heard and considered the submissions of both parties, it is the view of the arbitrator that the seniority consolidations tentatively agreed to by the parties, subject only to ratification, for the CAR and Algoma seniority district represents a fair and appropriate resolution of this matter. Although the agreement was not ratified, its terms represent the most appropriate formula for consolidating the Saint John and Aroostook seniority districts into a CAR Seniority District and the Schreiber, Chapleau and Sudbury seniority districts into the Algoma Seniority District.

For the foregoing reasons, the arbitrator adopts the consolidation security formulas contained in the Memorandum of Agreement of July 15, 1993 as the terms of this award.

DATED at Toronto this 1st day of March, 1996.

(signed) MICHEL G. PICHER

ARBITRATOR