AH – 388

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE BENOIT TREPANIER

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 Arbitrator’s view, there is nothing in the award in CROA 524 which supports the position advanced by the Union in the instant grievance. The Company notice given to employees dated 15 December 1992, indicating that there would be a layoff on December 24. The wording of the notice makes it well understood, however, that employees will work between December 25 and January 4, except for certain statutory holidays. There was therefore no question of a layoff of Mr. Trepanier between December 29 and January 8, as claimed by the Union. The Arbitrator accepts the explanation of the Company to the effect that the suspension of duties of some bulletined positions for certain days during the holiday period was made in accordance with a general agreement made with the Union in accordance with a well-established practice.

In these circumstances, given that Mr. Trepanier was not laid off on December 29, articles 7.4.9 and 7.3.10 do not apply. The grievance is therefore dismissed.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR