AH – 392

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE MICHEL DUPERRON

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

Mr. Duperron is an employee assigned to the Lachine Terminal, while Mr. Peloquin is assigned to the Granby Terminal. During the 90 day period prior to the abolition of Mr. Peloquin’s assignment by virtue of the closure of the Granby Terminal, the parties agreed, on a national level, to allow some employees to work the routes assigned to another terminal. That agreement was made in accordance with the terms of article 5.4 of the Employment Security Agreement.

Thus Mr. Peloquin saw himself assigned to duties which included routes between the terminals of Lachine and Granby, during the 90 day period. It is evident that the assignment of Mr. Peloquin reduced neither the duties nor the hours of work of Mr. Duperron. The work in question was apparently always done by a linehaul driver and was never assigned to the grievor’s department.

The Arbitrator must, therefore, come to the conclusion that the treatment accorded to Mr. Peloquin was in conformity with the collective agreement, by virtue of the agreement reached under the terms of article 5.4. In no way was there any reduction in the work of Mr. Duperron.

For these reasons the grievance must be dismissed.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR