CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4014
Heard in
concerning
CANADIAN PACIFIC RAILWAY COMPANY
and
TEAMSTERS
MAINTENANCE OF WAY EMPLOYEES DIVISION
EX PARTE
DISPUTE:
Dispute concerning the inclusion of Goal Share payments in the pension calculations of employees with more than 35 years of service.
UNION’S COMPANY’S STATEMENT OF ISSUE:
In August,
2009, the
The
The Union requests that the Arbitrator (1) order the Company to immediately begin to include goalshare earnings in the pension calculation of employees with more than 35 years of pensionable service and (2) order that all current and former employees who have been financially disadvantages by the Company’s actions be fully compensated for all losses incurred as a result thereof.
The Company
denies the Union’s contentions and declines the
FOR THE
(SGD.) WM. BREHL
PRESIDENT
There appeared on behalf of the Company:
S. Seeney –
Director, Industrial Relations,
B. Lockerby –
Labour Relations Officer,
M. Chernenkoff –
Labour Relations Officer,
There appeared on behalf of the Union:
Wm. Brehl –
President,
D. Brown –
Counsel,
A. R. Terry – Vice-President, Revelstoke
S. Brighton – Local Chairman,
PRELIMINARY AWARD OF THE ARBITRATOR
The instant grievance concerns a Union claim in respect of the calculation of the pensionable earnings of employees with more than thirty-five years of pensionable service, and whether goal share earnings are to be included in that calculation. The Company raises a preliminary objection as to the arbitrability of the grievance.
The Company’s
representative submits that as a result of a Memorandum of Settlement made on
The
In all of the
circumstances the Arbitrator deems it most appropriate to reserve on the
Company’s objection. I think that the issue of arbitrability and the overall
intention of the parties, whether it be under the current collective agreement
or under earlier agreements such as the Memorandum of Settlement of
ARBITRATOR