AH – 387

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE MARTIN DESROCHES

SOLE ARBITRATOR:                Michel G. Picher

There appeared on behalf of the Company:

B. F. Weinert                             - Director, Labour Relations, Toronto

M. Mousseau                            - Terminal Manager, Lachine

And on behalf of the Union:

A. Dubois                                  - Division Vice-President, Quebec

M. Allard                                   - Local Chairman, Montreal

A hearing in this matter was heard in Montreal, Friday, 5 August 1994

AWARD

In the view of the Arbitrator the position of the Union is well founded. It is common ground that the employees who do not hold a bulletined position are called to work as required in order of seniority, on a daily basis. On Friday, 4 December 1992, the Company called to work an employee who was junior to Mr. Desroches, Mr. G. Gagné, and that Mr. Desroches was not called. Even if the Company considers that it made amends to Mr. Desroches in offering him extra hours of work the next day, Saturday, it was obliged to make to him the first offer of work for Friday, in accordance with the well established rules and practices between the parties.

The grievance is therefore allowed. The Arbitrator orders that the grievor be compensated for his loss of wages for Friday, 4 December 1992, and I remain seized in the event the parties are unable to agree on the amount of the compensation.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR