SHP661

AWARD

1. An award was issued on October 8, 2008. I remained seized of the implementation of the award. The Employer was directed to develop a training plan to accomplish the objectives and targets of the Trades Modernization Agreement (TMA) in consultation with the Union.

2. The parties are to be commended on their considerable accomplishment in agreeing to all aspects of the implementation of the TMA. The parties have worked long and diligently to find the appropriate means to ensure that employees are properly trained and recognized in their respective trades. They have concluded suitable amendments to the original TMA that are more appropriate for current circumstances.

3. This award completes the process. It is the last in a series of awards on the trades modernization issue between the parties. It records the parties’ overall agreement and resolution of all aspects of the trades modernization dispute. What follows is the parties’ agreement:

TERMS OF AGREEMENT

FOR THE SETTLEMENT OF

THE TRADES MODERNIZATION AGREEMENT DISPUTE

This settlement is in respect to the parties' discussions concerning the longstanding dispute surrounding the training requirements associated with the Trades Modernization Agreement, found in Appendix X of Collective Agreement 12.

This dispute between Canadian National Railway Company (the “company”) and the CAW-Canada and its Local 100 (the “union”) is presently in front of Arbitrator Christopher Albertyn.

After much discussions and deliberations the parties have agreed to resolve the aforementioned dispute in the following manner:

Notwithstanding the provisions of Appendix X or any other understanding, commitment, appeasement or estoppel the three recognized trade classifications as found in Appendix X of Agreement # 12 shall be the Car Mechanic, Heavy Duty Mechanic and Electrician and the work of these respective trade classifications shall be as outlined in the Collective Agreement and the provisions of Appendix X. In the event that there is a conflict between this agreement and Collective Agreement 12, the provisions of this document shall prevail.

Nothing contained in this agreement is intended or should be construed to either expand upon or diminish the scope of work performed by members of CAW Local 100 at CN.

Trade Designation and Portability

A large portion of Canada's skilled trades workers are certified through a province or territory and hold interprovincial standards which are based on nationally accepted industry standards. This standard supports skilled trades’ workers, enabling them to practice their trades wherever there is demand for their skills. The amended Chapter 7 of the Agreement on Internal Trade (AIT) provides that any worker certified for an occupation by a regulatory authority of one province or territory is to be certified for that occupation by all other provinces or territory.

The parties agree to fully cooperate with the appropriate provincial and federal regulatory and/or advisory bodies to achieve and ensure that the principles of Chapter 7 are served for individuals who are employed by the company as a journeyperson or apprentice in any one of the three recognized trade classifications.

The trade names found in the Collective Agreement will be a reflection of the historical vernacular used in the industry and will not serve to restrict in any way the implementation of this settlement.

For the purposes of clarity and direction, the three trade classifications will be anchored to the three following provincially recognized trades;

Car Mechanic – Railway Car Technician (268R) Ontario

Railway Car Technician (0294) British Columbia

Heavy Duty Mechanic – Diesel Engine Mechanic (0139) British Columbia

Electrician – Industrial Electrician (442A) Ontario

(0295) British Columbia

Training Curriculum and Delivery

The company has indicated to the union its intentions to deliver the respective trade’s in-school curriculum standard (provincial training standard) as developed and approved by the respective Ministry responsible for industry training and apprenticeship program development.

The Union is supportive of this undertaking by the company however, if the company has not begun the delivery of any or all of the training associated with the three specified industrial trades within 6 months of the signing of this agreement, all in-school training for that trade will be scheduled to take place at an approved public Training Delivery Agent at the institution’s next intake and continue until such time that the Company can begin delivery of internal training. To ensure training consistency, any employee enrolled with an approved Public Training Institution will continue with that Institution until completion of their Apprenticeship.

Journeypersons and Apprentices will be reimbursed reasonable necessary expenses for required school supplies, books, lab materials and parking expenses associated with the schooling portion of their respective program with accompanying receipts for the expenses claimed.

Railway Car Technician / Mechanic:

Along with on the job practical Trade Training, Apprentices will be required to attend theoretical / in-school technical training culminating with end of level exams administered by the respective provincial apprenticeship ministry/agency. Each level of the in-school portion of the provincial training standard will be delivered within a period of 10 consecutive months.

Diesel Engine Mechanic

Industrial Electrician

Where there are insufficient numbers for a class at a specific point, arrangements will be made for the Apprentice(s) to report to a training facility at a larger point where the in-school portion of the apprenticeship will take place. The parties additionally recognize that Apprentices may be required to report to a larger point for practical training purposes.

The Company will arrange and pay for suitable accommodations and travel where Apprentices are required to leave their home terminal for either on-the-job or in school training. Apprentices required to leave home terminal for on-the-job or in-school training will be provided a thirty-eight dollar ($38) per diem meal allowance.

At the conclusion of each level, the registered Apprentice will be required to write the requisite provincial end of level test in order to receive accreditation for that level of schooling.

In addition to delivering the in-school curriculum (provincial training standard) for each respective trade, the parties acknowledge that the company will conduct introductory and task specific practical trade training. Nothing in this settlement will serve to alter those training initiatives which shall at all times, be separate and apart from the trade related in-school curriculum (provincial training standard)

Current Journeypersons to Certificate of Qualification

The parties to this agreement shall in conjunction with and at the suggestion of the provincial and/or federal authorities, develop an individual skills assessment for current journeypersons to ensure that they meet the respective competency objectives in all skills as identified in the respective Training Standard or Schedule of Training in order that they are eligible to challenge the trades exam (CofQ). Individuals who challenge the established provincial trades’ exam (CofQ) will be reimbursed for any fees charged by the registering agency to do so.

Where necessary, individual training plans will be developed and supported by the company to assure a successful challenge of the provincial trades’ exam and time spent engaged by an individual in the training plan will be compensated time.

The Company will arrange and pay for suitable accommodations and travel where Journeypersons are required to leave their home terminal for either on-the-job or in school training. Journeypersons required to leave home terminal for on-the-job or in-school training will be provided a thirty-eight dollar ($38) per diem meal allowance.

With the exception of the specific employees who elected to undergo training following the Trade Mod Arbitration Award and subsequent employee canvas, the Company shall not be required to train employees who are currently eligible to retire or within 7 years of being eligible to retire.

This does not debar or restrict any employee from challenging their respective Trade Exam to achieve a Certification of Qualification (C of Q).

NOTE: Should an employee within 7 years of being eligible to retire get permanently laid off or laid off for an expected or actual duration of 12 months, said employee may request to be trained to challenge the Trade Qualification Examination of their main industrial trade as a Metal Fabricator or Heavy Duty Equipment Technician (Mechanic) as per Trades Up-skilling lay-off article below. For the purposes of this agreement only, the Company will consider an employee permanently laid off after a twelve (12) month period, provided any layoff beyond the 12 month period is not under the control of CN.

The Company recognizes that the work of the former trades of Pipefitter, Sheet Metal Worker, Boilermaker and Blacksmiths flowed into the trades of Car Mechanic and Heavy Duty Mechanic and as such the mechanics in these trades may require additional training in these areas of work. Further, those individuals who were Pipefitters, Sheet Metal Workers, Boilermakers and Blacksmiths and in some instances Electricians were assigned into the agreed Appendix X trades of Car Mechanic, Heavy Duty Mechanic and that these individuals may also require ongoing training in the recognized trades; The Company shall provide the training.

The Company agrees that it shall provide additional on-the-job and in-school training (training standard) as identified in their individual training plan to employees in Car Mechanic and Heavy Duty Mechanic trade to ensure that they are qualified for all aspects of the expanded work of Car Mechanic and Heavy Duty Mechanic trade.

Apprenticeship Rules

The Company and the Union agree to revise and incorporate the principles contained in this Memorandum of Settlement as the criteria to ensure that an Apprentice secures a complete knowledge of the trade. It is additionally agreed that the Local Joint Union-Management Apprenticeship Committees referred to in Appendix XI of Agreement 12 will be incorporated into Rule 30 and will apply to all three trades.

Current and Future Apprentice Registration

The parties acknowledge that at some locations, there are a number of apprentices who are participating in on-the-job and/or in-class training under previously executed apprenticeship contracts. The parties agree that those apprentices shall continue with their current apprenticeship programs including the in-school portion of the program in order that they may challenge the trade’s exam and obtain a Certificate of Apprenticeship (CofA) and a CofQ in their respective trade.

On a go-forward basis, all current non-registered apprentices and new entrants into the apprenticeship program will be registered at no cost to the Apprentice, with the provincial regulatory authority and trained to the appropriate provincial training standard. This registration will be completed within 90 days of the signing of this agreement and thereafter upon beginning of their Apprenticeship.

Trades Up-skilling upon Lay-Off

Notwithstanding the provisions of Article 7 of the ESlMA, henceforth, in the event of a permanent lay-off of a tradesperson or a lay-off for an expected or actual duration of 12 months or more and the individual is unable to hold work in his or her own bargaining unit at their location or within less than 25 miles of their location, said employee may request to be trained to challenge the Trade Qualification Examination of their main industrial trade as a Metal Fabricator or Heavy Duty Equipment Technician (Mechanic). For the purposes of this agreement only, the Company will consider an employee permanently laid off after a twelve (12) month period, provided any layoff beyond the 12 month period is not under the control of CN.

Once the employee has made such a request for training the Company shall forthwith, (but no later than 30 days) make the necessary arrangements in conjunction with the Union to have such training provided to the employee. All costs of such training shall be paid by the Company. In addition the Company will pay reasonable expenses of the employee such as parking, travel costs, mileage, accommodation, meals, etc., Receipts shall be furnished upon request. The time frames allotted for such training for any individual may vary depending upon their individual knowledge, skills, ability and experience, but in no case shall it exceed 12 weeks.

During such time spent training, the employee's job security or employment security benefits and time frames will be temporarily suspended and the employee will be paid the current full wage rate and benefits applicable to the position held at the time of layoff: Time spent and wages, benefits or expenses earned in such training will not be deducted from the employee's job security or employment security benefits.

4. The parties have agreed on the following regarding the designation of one of the Union’s eight full-time representatives to assist with the implementation of trades modernization:

1. To assist in the successful implementation and continued success of the Trade Modernization Memorandum of Settlement, the Union will designate one of the eight full time representatives the responsibilities of dealing with the provincial and federal regulatory and/or advisory bodies on behalf of CAW Local 100.

2. The CAW Skilled Trades Coordinator will also have the responsibility, when requested, of assisting current journeypersons in developing and executing their individual training plan as outlined in the Trade Modernization Memorandum of Settlement.

3. The individual so appointed by the Union, will be recognized by the company in that role. The Union will establish full time hours of work for the CAW Skilled Trades Coordinator and the employer will pay him/her at forty (40) hours per week at the Lead Hand rate of pay. The Company shall also reimburse the Skilled Trades Coordinator for all reasonable expenses incurred in the performance of his/her duties, receipts to be furnished upon request.

4. The Union and Company through the CAW Skilled Trades Coordinator established under the Trade Modernization Memorandum of Settlement, will continuously monitor and evaluate the progress and success rate of the internal in-school portion and on the job training program to ensure the training satisfies the training curriculum of each trade specified herein.

5. The CAW Skilled Trades Coordinator in conjunction with the Work Location Joint Apprenticeship Committees will make recommendations concerning the ongoing suitability of CN Internal Apprenticeship classroom and on the job training for each of the trades. Should the CAW Skilled Trades Coordinator conclude that a change of venue to a public Training Delivery Agent (community college), is warranted or that the on the job training is not meeting the requirements for employees to achieve the skills necessary to learn their trade and pass the trade exams, the Skilled Trades Coordinator will submit the issue and his or her findings to the President CAW Local 100 and the Senior Vice-President Engineering, Mechanical and Supply Management for their consideration. If such a review remains unresolved, it may be appealed to a technically competent Arbitrator, residing in Ontario, for final and binding decision. Such appeals must be registered for arbitration within 30 days following the review between the Senior Vice-President Engineering, Mechanical and Supply Management and the President of CAW Local 100. Such Arbitrator will be selected under Rule 28 of the Collective Agreement. Should a case not be registered for arbitration within 30 days, the matter will be considered withdrawn. The Arbitrator, in deciding on a dispute under this Memorandum will be guided by the principles outlined in the Trade Modernization Memorandum of Settlement, the Collective Agreement and the Workplace Apprenticeship Training Standard and the Apprenticeship In-School Curriculum Standard as established in the province of Ontario, for each respective Trade.

5. The parties have agreed on the following to address qualification concerns raised by the Union regarding the performance of Facility Maintenance work:

1. The Company assured the Union that it currently has no intentions of altering the assignment of work at locations where employees perform Facilities Maintenance work. Further, the Company confirmed that they are prepared to meet with the union to review those locations where there are disputes with the view of having that work brought back into the bargaining unit. The first such meeting will take place in Vancouver as soon as practicable.

2. The parties commit to ongoing discussions in this area to also determine the appropriate staff and trades mix for Facilities Maintenance at each location. In our discussions the Union raised the issue that current Heavy Duty Mechanics and Electricians will be required to be up-skilled to Heavy Duty Equipment Mechanics (HDEM) and Construction Maintenance Electrician or provincial equivalent (C of Q) respectively in order to maintain or obtain a position through the exercise of seniority. In an effort to address the Union’s concerns regarding qualification standards and seniority, the Company commits to up-skill employees to Heavy Duty Equipment Mechanics (HDEM) and Construction Maintenance Electricians currently working in Facilities Maintenance along with an adequate number of relief employees per trade as outlined below. Where there are currently two or more tradespersons in a classification within the Facility Maintenance function at a location, at least two relief employees will be trained on a seniority basis who must subsequently accept future Facility Maintenance vacancies of a temporary or permanent nature. (To clarify, at Location A there are 4 HDM and 1 Electrician who work a facilities maintenance job, the company will train two relief HDM’s and one relief Electrician. If at Location B, there are 4 HDM’s and 3 Electricians who work a facilities maintenance job, the company will train two HDM’s and two Electricians for relief. All costs associated with obtaining a HDEM and Construction Maintenance Electrician CofA and/or CofQ will be borne by the company.

3. Employees who undergo up-skill training and are subsequently awarded a Facility Maintenance position will be locked-in in accordance with the following criteria:

a) Heavy Duty Mechanics and Electricians who hold a Facilities Maintenance position will be required to remain on that position for two years from date of award of the bulletin before being permitted to apply for another position. The tradesperson may only be permitted to relinquish their Facilities Maintenance position if at any time they are able to provide a medically justifiable reason to vacate the position or if there are extenuating personal circumstances that would support a release from the position. Medical and personal extenuating circumstances will be reviewed by the President of CAW Local 100 and the Vice-President Mechanical.

b) After occupying a Facilities Maintenance position for two years, the tradesperson may subsequently at any time thereafter voluntarily give six months' notice to the Local Management with a copy to the Local Chairperson to indicate their desire to vacate the position held. The tradesperson will not be retained in the Facilities Maintenance position unnecessarily beyond the six month notice period.

4. The Facility Maintenance Up-skill training to Heavy Duty Equipment Mechanic and Construction Maintenance Electrician qualification standards as agreed in items 1 through 3 above, will begin within six (6) months of the signing this agreement.

5. It is also understood, employees that successfully bid a Facility Maintenance position, or relief position, shall be trained and qualified regardless of whether they are within seven (7) years of eligible retirement as identified in the Trade Modernization Terms of Agreement.

6. I remain seized to deal with any dispute between the parties concerning implementation of the trades modernization awards I have issued, including by way of mediation-arbitration.

DATED at TORONTO on April 25, 2011.

_____________________

Christopher J. Albertyn

Sole Arbitrator