CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2109
Heard at Montreal, Wednesday, 13 February 1991
VIA RAIL CANADA INC.
CANADIAN BROTHERHOOD OF RAILWAY, TRANSPORT AND GENERAL WORKERS
Whether the Corporation can use employees on Maintenance of Earnings to work up to 40 hours in a week even when they are assigned to regular part-time positions.
JOINT STATEMENT OF ISSUE:
Messrs. V. Mann and J. Tremblay became entitled to Maintenance of Earnings protection following the Article J Notice that took effect on January 15, 1990.
Following the Special General Bid, both employees were assigned to regular part-time assignments of less than 40 hours per week.
The Corporation compelled these employees to work in addition to their regular part-time assignments but not in excess of 40 hours in any week.
The Brotherhood contends that the Corporation can not unilaterally force these employees to work in excess of their regular assignments, in violation of the Collective Agreement.
The Corporation denies any violation of Collective Agreement No. 1. The Corporation believes that it is entitled to work employees who are on Maintenance of Earnings off their regular assignments because the Corporation is maintaining their salaries at a forty hour per week rate and therefore the Corporation can compel these employees to work up to forty hours per week if the need arises.
FOR THE BROTHERHOOD: FOR THE CORPORATION:
(SGD.) A. CERILLI (SGD.) M. ST-JULES
for: NATIONAL VICE-PRESIDENT for: DEPARTMENT DIRECTOR, LABOUR RELATIONS
There appeared on behalf of the Corporation:
C. Pollock Senior Officer, Labour Relations, Montreal
M. St-Jules Senior Negotiator & Advisor, 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
The thrust of this grievance is that the grievors Mann and Tremblay, who were assigned to regular part-time assignments of less than forty hours per week, while enjoying maintenance of earnings protection whereby they retain their salaries at forty hours per week, object to being assigned to work beyond hours of their regular part-time assignment, where the total number of the hours worked does not exceed forty hours in any week. In other words, they object to being required to work in excess of their part-time hours, even though they are paid on a full-time basis.
Among the most fundamental principles underlying Collective Agreement No. 1, as with any collective agreement, is that employees can expect a days pay for a days work, and conversely their employer is entitled to expect a days work for a days pay. The purpose of the maintenance of earnings provisions established in the Supplemental Agreement is to ensure that certain employees do not lose earnings by reason of changes occasioned by operational and organizational change. There is, however, nothing in that agreement, nor in the terms of the Special Agreement and Memorandum of Agreement executed between the parties on November 19, 1989 which derogates from the general principle of work for pay which is implicit in Collective Agreement No. 1. Nor does it appear to the Arbitrator that there is anything within the provisions of Collective Agreement No. 1, or any of the above mentioned agreements, which would circumscribe the prerogative of the Corporation to assign additional work to employees who hold regular part-time assignments of less than forty hours per week in circumstances where they are being fully paid for all time so worked.
For the foregoing reasons the grievance must be dismissed.
February 15, 1991 (Sgd.) MICHEL G. PICHER