CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2787
Heard in Calgary, Tuesday, 12 November 1996
concerning
Canadian Pacific railway company
and
Canadian Council of Railway Operating Unions [United Transportation Union]
DISPUTE:
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 Council’s grievance.
FOR THE Council: FOR THE COMPANY:
(
SGD.) L. O. Schillaci (SGD.) S. SeeneyGeneral 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
DECISION PENDING