CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 2075

Heard at Montreal, Wednesday, 14 November 1990

Concerning

VIA RAIL CANADA INC.

And

CANADIAN BROTHERHOOD OF RAILWAY, TRANSPORT AND GENERAL WORKERS

DISPUTE:

Calling procedures for employees on Employment Security.

JOINT STATEMENT OF ISSUE:

As a result of the train service reductions of January 15, 1990, calling procedures were established for employees on Employment Security status covered by Collective Agreement No. 2.

The Brotherhood maintains these procedures violate the bulletining provisions of the collective agreement and contests the Corporation's interpretation of Article 7 Employment Security of the Supplemental Agreement.

The Corporation maintains that the calling procedures are in line with the rules of the agreement.

FOR THE BROTHERHOOD: FOR THE CORPORATION:

(SGD) TOM McGRATH (SGD) C. C. MUGGERIDGE

NATIONAL VICE-PRESIDENT DEPARTMENT DIRECTOR, LABOUR RELATIONS

There appeared on behalf of the Corporation:

M. St-Jules Senior Negotiator & Advisor, Labour Relations, Montreal

C. Pollock Senior Officer, Labour Relations, Montreal

D. Fisher Senior Officer, Labour Relations, Montreal

M. M. Boyle Observer

And on behalf of the Brotherhood:

A. Cerilli Regional Vice-President, Winnipeg

T. McGrath National Vice-President, Ottawa

G. Murray Regional Vice-President, Moncton

A. Della Penna Local Chairperson, Montreal

J. Caissyu Local President, Belleville

G. Belleville Member, Local 335, Belleville

F. Bisson Local Chairperson, Montreal

L-P Rousseau Member, Local 335, Belleville

J-J Journault Local President, Montreal

L. Robichaud Witness

K. Pride Witness

On Wednesday, 13 February 1991, there appeared before the Arbitrator:

On behalf of the Corporation:

M. St-Jules Senior Negotiator & Advisor, Labour Relations, Montreal

C. Pollock Senior Officer, Labour Relations, Montreal

D. Fisher Senior Officer, Labour Relations, Montreal

R. Wesley Senior Officer, Labour Relations, Montreal

J. Kish Senior Advisor, Labour Relations, Montreal

D. Wolk Manager Customer Services, Montreal

M. M. Boyle Observer

D. David Observer

And on behalf of the Brotherhood:

A. Cerilli Regional Vice-President, Winnipeg

T. McGrath National Vice-President, Ottawa

G. Murray Regional Vice-President, Moncton

R. J. Stevens Regional Vice-President, Toronto

R. Moreau Regional Vice-President, Montreal

J. Brown Representative, Montreal

A. Della Penna Local Chairperson, Montreal

F. Bisson Local Chairperson, Montreal

J-J Journault Local President, Montreal

K. Williams Secretary, Local Grievance Committee, Winnipeg

K. Sing Local Chairperson, Halifax

R. Dennis Local Chairperson, Moncton

L-P Rousseau Member, Local 335, Belleville

L. Robichaud Witness

AWARD OF THE ARBITRATOR

This is the arbitration of the Brotherhood's grievance alleging that the calling procedures established by the Corporation effective July 1, 1990 violate the provisions governing bulletining and filling of positions under Article 12 of Collective Agreement No. 2. For the reasons related in CROA 2074, and with the same proviso in respect of the decision in CROA 2106, the Arbitrator is satisfied that the calling procedures do not violate the terms of the Collective Agreement, the application of which has been amended by the provisions of the Supplemental Agreement, the Special Agreement and the Memorandum of Agreement dated November 19, 1989.

February 15, 1991 (Sgd.) MICHEL G. PICHER

ARBITRATOR