CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION

CASE NO. 3854

Heard in Montreal, Thursday, 14 January 2010

Concerning

VIA RAIL CANADA INC.

and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
 AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA)

EX PARTE

DISPUTE:

      The application of articles 7 and 8 of the Supplemental Agreement of Collective Agreement No. 2, subsequent to the abolishment of the Assistant Service Coordinator (ASC) position on Trains no. 14 and 15 effective February 1, 2009.

JOINT STATEMENT OF ISSUE:

      It is the Union’s position that the Corporation is in violation of articles 7.6(b) & (c) by denying Maintenance of Earnings (MOE) protection while Mr. Daniel Daigle is on the spareboard, following the exercise of his seniority at his home terminal of Halifax. “An employee may instead elect to operate from the Spare Board at his home terminal with Maintenance of Earnings.”

      The Union requests that Mr. Daigle be made whole, with compensation of MOE of 40 hours per week and benefits, effective from February 4, 2009, while on the spareboard, as per articles 7.6(c),, 7.6(c) and 8.9 of the Supplemental Agreement.

      The Corporation submits that Mr. Daigle was hired on May 25, 1998. As such he does not qualify as an “eligible” employee under the terms of articles 7 and 8 of the Supplemental Agreement.

      In accordance with articles 7 and 8 of the Supplemental Agreement, MOE benefits are intended for “eligible” employees hired prior to May 15, 1994.

FOR THE UNION:                                         FOR THE CORPORATION:

(SGD.) R. FITZGERALD (SGD.) D. STROKA

NATIONAL REPRESENTATIVE                                        SR. ADVISOR, LABOUR RELATIONS

There appeared on behalf of the Company:

D. Stroka                             – Sr. Advisor, Labour Relations, Montreal

S. Duffy                               – Manager, Customer Experience, Halifax

N. Desrochers                     – Specialist, Payroll Service, Montreal

J. Pastor                              – Advisor, Labour Relations, Montreal

And on behalf of the Union:

R. Fitzgerald                        – National Representative, Toronto

AWARD OF THE ARBITRATOR

            The grievance is dismissed for reasons expressed in CROA&DR 3852.

January 18, 2010 (signed) MICHEL G. PICHER

ARBITRATOR