SHP - 23
IN THE MATTER OF AN ARBITRATION
BETWEEN
CP RAIL
(the "Company")
AND
RAILWAY EMPLOYEES’ DEPARTMENT, DIVISION NO. 4
(the "Union")
RE:
HOLIDAY PAY FOR EMPLOYEES AT WESTON SHOPS, WINNIPEG
SOLE ARBITRATOR: J. F. W. Weatherill
APPEARING FOR THE UNION:
J. H. Clark
M. McClenaghan
APPEARING FOR THE COMPANY:
J. A. McGuire
J. E. Cameron
J. Murray
A hearing in this matter was held in Montreal on April 11, 1975.
AWARD OF THE ARBITRATOR
JOINT STATEMENT OF ISSUE
Dispute between CP Rail and the Railway Employees’ Department, Division No. 4, representing Shopcraft Employees at Weston Shops, Winnipeg, and concerning the application of Rules 46.2 and 46.4 of Wage Agreement No. 16 in respect of Labour Day, September 3, 1973.
JOINT STATEMENT OF FACT
On August 23, 1973 the Associated Non-Operating Employees called a national railway strike. As a consequence of this strike all employees at Weston Shops, Winnipeg, not represented by the Associated Non-Operating Railway Unions were laid-off.
It is the position of the Unions that the employees set out in the attached lists are entitled to payment of eight hours at pro rata rates for Labour Day, September 3, 1973, on the basis that they met the qualification requirements of Rule 46.4 of Wage Agreement No. 16.
It is the position of the Company that as the employees for whom this claim is being made did not return to work for some days after the Labour Day holiday, they were therefore not available for duty on the holiday. For this reason payment has been denied.
The facts in this case are similar to those in the case of the claim of employees at Thunder Bay, and the same collective agreement provisions apply. For the reasons given in that case, it is my conclusion that the employed here are equally entitled to holiday pay in respect of Labour Day, 1973. It is therefore my award that they be paid pursuant to Rule 46.7, at the rates in effect at the material time.
DATED at Toronto, this 26th day of April, 1975.
(sgd.) J. F. W. Weatherill
Arbitrator