CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 264
Heard at Montreal, Tuesday, February 9th, 1971
Concerning
CANADIAN PACIFIC RAILWAY COMPANY
and
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
DISPUTE:
Concerning claim of 24 Montreal Wharf employees for two hours pay at the pro rata rate.
JOINT STATEMENT OF ISSUE:
As a result of an I.L.A. work stoppage on April 30, 1970, the claimants in this dispute were released from duty while employees junior to them in seniority were retained in service.
The Union contends that Article 4(e) of the Collective Agreement was violated as a result of this action. The Company contends that this matter falls within the provisions of Article 1(g) of the Collective Agreement and have declined payment of the claim.
FOR THE EMPLOYEES: FOR THE COMPANY:
(
SGD.) W. T. SWAIN (SGD.) E. L. GUERTINGENERAL CHAIRMAN REGIONAL MANAGER, Operation & Maintenance, Atlantic Region
There appeared on behalf of the Company:
D. Cardi Labour Relations Officer, Montreal
C. E. Moore Supervisor Labour Relations, Montreal
R. OMeara Labour Relations Assistant, Montreal
W. G. Hammond Dock Superintendent, Montreal Wharf, Montreal
And on behalf of the Brotherhood:
W. T. Swain General Chairman, Montreal
D. Herbatuk Vice General Chairman, Montreal
P. Pauzé Local Chairman, Montreal
R. Coté Local Chairman, Montreal
AWARD OF THE ARBITRATOR
The circumstances of this case are in all material respects the same as those dealt with in Case No. 263, and the governing provisions of the collective agreement are identical. For the reasons set out in that award, this grievance must be dismissed.
(signed) J. F. W. WEATHERILL
ARBITRATOR