CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2787
Heard in Calgary, Tuesday, 12 November 1996
Canadian Pacific railway company
Canadian Council of Railway Operating Unions [United Transportation Union]
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.
JOINT STATEMENT OF ISSUE:
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 Councils grievance.
FOR THE Council: FOR THE COMPANY:
(SGD.) L. O. Schillaci (SGD.) S. Seeney
General Chairman for: District General Manager, PRAIRIE DISTRICT
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
AWARD OF THE ARBITRATOR