AH – 389

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE MARIO TREMBLAY

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

The Arbitrator must accept the grievance. It is evident that the Company attempted to treat the position of checker – FOXPRO as a management position in contravention of the terms of the collective agreement, and in particular of article 7.2.1, which requires that all new positions be bulletined. The Arbitrator declares that the position in question is a bargaining unit position, that the Company has violated the terms of article 7.2.1 of the collective agreement, and orders that Mr. Tremblay be compensated for the difference in salary which he would have made on the position in question. I remain seized of the dispute to resolve all questions which arise concerning the compensation of the employee, if necessary.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR