Canadian Railway Office of Arbitration
Case No. 2523
Heard in Montreal, Wednesday, 14 September 1994
Transportation Communications Union
The Company’s failure to comply with the collective agreement and provide the senior qualified employees with the available work.
Ex Parte Statement of Issue
The Union argued during the grievance procedure that our claim should be honoured given the current language within the collective agreement.
The Union contends that similar matter was settled in favour of the Union in CROA Case Nos. 1792 and 1793 and asserts that the awards carry the stipulation that the arbitrator "retains jurisdiction in the event of any dispute between the parties …".
The Union requests the arbitrator impose a monetary settlement to all affected CanPar employees during the period of December 24th, 1993 onward because the Company failure to comply with the past awards and the collective agreement and the past awards.
The Company has denied the Union’s request.
for the Union :
(sgd.) D. E. Graham
for: Executive Vice-President
There appeared on behalf of the Company:
M. D. Failes – Counsel, Toronto
P. D. MacLeod – Director, Terminal, Toronto
D. Dobson – Area Supervisor, Vancouver
And on behalf of the Union :
D. Wray – Counsel, Toronto
D. Graham – Division Vice-President, Regina
A. Kane – Local Protective Chairman, Vancouver
award of the Arbitrator
This arbitration concerns a policy grievance which is identical, in respect of the facts giving rise to it and the merits of the parties’ positions, to the individual grievances dealt with by the Arbitrator in CROA 2522. For the reasons related in that award the policy grievance is hereby dismissed.
16 September 1994 (sgd) MICHEL G. PICHER