SHP 667 - Supplementary Award
IN THE MATTER OF AN ARBITRATION
THE CANADIAN PACIFIC RAILWAY COMPANY
THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 101
RE: GRIEVANCE OF EMPLOYEE P CONCERNING THE CLOSING OF P’S EMPLOYMENT FILE
SOLE ARBITRATOR: MICHEL G. PICHER
APPEARANCES FOR THE COMPANY:
Len Wormsbecker - Manager, Labour Relations
Shelley Smith - Officer, Labour Relations
Don Frederickson - Employee Resource Specialist
APPEARANCES FOR THE UNION:
Brian Stevens - National Representative
Richard Broszeit - Vice-President, Local 101
Employee P - Grievor
A hearing in this matter was held in Winnipeg, Manitoba on June 24, 2011.
The parties are disagreed as to the implementation of the award herein dated June 29, 2011. Submissions were filed partly in writing and orally in a conference call hearing on June 26, 2011.
Having heard the submissions of the parties the Arbitrator directs that Mr. P. be allowed to buy back pensionable service for the period between December 6, 2006, the date he ceased to receive wages and benefits, and March 15, 2008, when his final grievance was filed. He should not have that right with respect to the period following his grievance, given that the matter took some four and a half years to reach arbitration, which would impose an unfair contribution cost on the Company.
I continue to retain jurisdiction in the event of any further dispute respecting the interpretation or implementation of the Award and Supplementary Award.
Dated at Ottawa,Ontario this 26th day of July, 2011.
“Michel G. Picher”
Michel G. Picher