Heard in Calgary, Tuesday, 12 November 1996

concerning

and

The Council claims that the Company was in violation of the collective agreement when it redesignated the previously bulletined position(s) of the required trainmen to that of non-required trainmen in assigned freight pools Sutherland, Wilkie and Wynard, Saskatchewan, on or about April 17, 1994.

The Council contends that the Conductor-Only Agreement requires that all positions, both required and non-required, be advertised at any change or establishment of a crew or crews or assignment.

The Council further contends that the bulletins for required and non-required first brakemen in Conductor-Only territory were dependent upon the actual ratio of trains operated on the subdivision required a trainman or operational purposes. Such a ratio was reflected in the advertisement for the required or non-required trainmen at the General Advertisement of Assignments.

The Council finally contends that the Company, by redesignating positions as non-required regardless of the ratio of trains operated on a subdivision requiring a trainman, has negatively affected its members seniority rights and earnings potential.

The Company has declined the Council’s grievance.

There appeared on behalf of the Company:

M. E. Keiran – Manager, Labour Relations, Calgary

R. E. Wilson – Director, Labour Relations, Calgary

S. Seeney – Manager, Labour Relations, Calgary

R. V. Hampel – Labour Relations Officer, Calgary

R. M. Smith – Labour Relations Officer, Calgary

J. C. Copping – Labour Relations Officer, Calgary

And on behalf of the Council:

L. O. Schillaci – General Chairman, Calgary

J. K. Jeffries – Vice-General Chairman, Cranbrook

B. McLafferty – Vice-General Chairman, Moose Jaw

D. H. Finnson – Secretary, Saskatoon

DECISION PENDING