SHP 667 - Supplementary Award

IN THE MATTER OF AN ARBITRATION

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BETWEEN:

THE CANADIAN PACIFIC RAILWAY COMPANY

(the “Company”)

-and-

THE NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) AND ITS LOCAL 101

(the “Union”)

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.

SUPPLEMENTARY AWARD

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 26^th day of July, 2011.

“Michel G. Picher”

                                                                               Michel G. Picher

Arbitrator