ARBITRATOR J. CAMERON in MONTREAL, QC
TUESDAY, FEBRUARY 11, 2025 / MARDI LE 11 FEVRIER, 2025 |
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5135 |
Dispute between CNR and TCRC-LE-E concerning The Union is requesting reimbursement of short-term disability benefits that were denied to Locomotive engineer R.G. for the period from November 9ᵗʰ, 2021, to August 5ᵗʰ, 2022. (COUNSEL) |
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5136 |
Dispute between CNR and TCRC-CTY-C concerning discharge for accumulation after assessment of 35 demerits circumstances surrounding being seen in the “sleeping position.” (COUNSEL) |
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5137 |
Dispute between CNR and TCRC-CTY-C concerning the discharge for a MTAV and accumulation of 65 demerits for assuming the “sleeping position.” (COUNSEL) |
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5138 |
Dispute between CNR and TCRC-CTY-W concerning Remedy and Policy Grievance on behalf of all Conductors in Winnipeg, MB and specifically, Yard Operating Employee J.H. who was allegedly directed to violate Addendum 54B of Agreement 4.3 (COUNSEL) |
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WEDNESDAY, FEBRUARY 12, 2025 / MERCREDI LE 12 FEVRIER, 2025 |
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5139 |
Litige entre VIA RAIL INC. et UNIFOR concernant le syndicat conteste la décision de l’employeur du 20 décembre 2019 qui mettait fin à l’emploi de Mme Langevin. De plus, le syndicat soutient que la Société a manqué à son obligation d'accommoder Mme Langevin et qu'elle a ainsi été victime de discrimination fondée sur son handicap, en contravention, mais sans s’y limiter, de l'article 28.11 de la convention collective n° 2 ainsi que de l’article 7(b) de la Loi canadienne sur les droits de la personne. (COUNSEL) |
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5140 |
Dispute between VIA RAIL INC. and TCRC concerning the dismissal of J.B. for alleged violation of the VIA Rail's Drug and Alcohol Policy. |
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5141 |
Dispute between CPKCR and MWED concerning (COUNSEL) the Company’s requirement of medical documentation to establish and confirm an employee’s fitness to return to work following medical absences of more than three (3) consecutive days. The Union alleges this requirement, specifically the application of the Code mandated 10-day Medical Leave, violates s. 239 of the Canada Labour Code (“Code”). The Company disagrees and submits that medical documentation to determine an employee’s fitness to return to work does not violate the Code. |
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5142 |
Dispute between CPKCR and MWED concerning 10 Day Suspension Assessed to A.S. (COUNSEL) |
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5143 |
Dispute between CPKCR and MWED concerning the dismissal of A.S.(COUNSEL) |
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THURSDAY, FEBRUARY 13, 2025 / JEUDI LE 13 FEVRIER, 2025 |
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5144 |
Dispute between CPKCR and TCRC-LE-W concerning the assessment of fifteen-demerits to Locomotive Engineer T.B. |
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5145 |
Dispute between CPKCR and TCRC-LE-W concerning The Union advanced a grievance on behalf of Locomotive Engineer T.B., of Revelstoke, BC, regarding being assessed 20 demerits. (COUNSEL) |
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5146 |
Dispute between CPKCR and TCRC-LE-W concerning Thirty-demerits and subsequent dismissal of Locomotive Engineer T.B. of Kamloops, BC. (COUNSEL) |
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5147 |
Resolved - Dispute between CPKCR and TCRC-CTY-W concerning Appeal of the 20 demerits assessed to Conductor D.V. of Kamloops, BC. (COUNSEL) |
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5148 |
Dispute between CPKCR and TCRC-CTY-W concerning Appeal of the 30 demerits & dismissal assessed to Conductor D.V. of Kamloops, BC. |
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ARBITRATOR C. YINGST BARTEL in CALGARY, AB
TUESDAY, JANUARY 7, 2025 / MARDI LE 7 JANVIER, 2025 |
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5120 |
Dispute between ALSTOM and TCRC concerning not paying travel compensation for employees working out of other than their home terminal/location as provided in Articles 15, 75 and 78. (COUNSEL) |
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5121 |
Dispute between CNR and TCRC-LE-C concerning locomotive Engineer K.R. for a declination related to a “D5” claim submitted on January 16, 2016. (COUNSEL) |
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5122 |
Dispute between CNR and TCRC-CTY-C concerning discipline assessed Conductor J. – 15 Demerits for circumstances surrounding your failure to complete the reporting while working as foreman on the YSC633-18. (COUNSEL) |
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5123 |
Dispute between CNR and TCRC-CTY-C concerning discipline assessed Conductor J. – 20 Demerits, “your alleged involvement in circumstances surrounding the run through switch while working the YTSS30 (industrial) on October 06, 2023”. (COUNSEL) |
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5107 |
Dispute between CPKCR and TCRC-LE-E concerning the appeal of the May 23, 2023 dismissal of Locomotive Engineer S.J. from Company Service. (COUNSEL) |
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WEDNESDAY, JANUARY 8, 2025 / MERCREDI LE 8 JANVIER, 2025 |
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5124 |
Dispute between VIA RAIL INC. and TCRC concerning Locomotive Engineer J.S.’s assessment of an outright discharge for; “Based on the findings of the investigation which includes the violation of CROR 103 (g), the violation of VIA Rail Canada's Alcohol, Drugs and Medications policy, failure to declare the use of the controlled-substance as required VIA Rail Canada's Alcohol, Drugs and Medications policy and your dishonesty about your cannabis use through the course of the investigation, the bond of trust has been irreparably broken. Given the severity of your actions and dishonesty surrounding your cannabis use, we have no choice but to terminate your employment effective today, March 27, 2023 (COUNSEL) |
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5125 |
Dispute between VIA RAIL INC. and TCRC concerning the application of Addendum 5, T.C.R.C. Agreement 1.4 (presently Addendum 4 - Two (2) week Locomotive Engineer Training Program). (COUNSEL) |
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5126 |
Dispute between CPKCR and TCRC-CTY-E concerning Dismissal of Conductor A.G. of Smiths Falls, ON. (COUNSEL) |
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5127 |
Dispute between CPKCR and USW-1976 concerning the assessment of 30 demerits and dismissal of A.N. |
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5128 |
Dispute between CPKCR and USW-1976 concerning application of meal and break periods at the Weston Shop. |
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THURSDAY, JANUARY 9, 2025 / JEUDI LE 9 JANVIER, 2025 |
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5129 |
Dispute between CPKCR and TCRC-CTY-W concerning the appeal of the 20-Day Suspension assessed to Conductor L.K. of Medicine Hat, AB. (COUNSEL) |
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5130 |
Dispute between CPKCR and TCRC-CTY-W concerning the appeal of the 40-day suspension assessed to Conductor L.K. of Medicine Hat, AB. (COUNSEL) |
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5131 |
Dispute between CPKCR and TCRC-CTY-W concerning the appeal of the dismissal of Conductor L.K. of Medicine Hat, AB. (COUNSEL) |
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5132 |
Resolved - Dispute between CPKCR and TCRC-LE-W concerning the appeal of the 20-day suspension assessed to Locomotive Engineer C.G. of Medicine Hat, AB. (COUNSEL) |
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5133 |
Dispute between CPKCR and TCRC-LE-W concerning the assessment of a thirty-day suspension to Locomotive Engineer C.G. (COUNSEL) |
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5134 |
Dispute between CPKCR and TCRC-LE-W concerning the dismissal of Locomotive Engineer C.G. of Medicine Hat AB. (COUNSEL) |
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ARBITRATOR J. CAMERON in MONTREAL, QC
TUESDAY, DECEMBER 10, 2024 / MARDI LE 10 DECEMBRE, 2024 |
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5116 |
Dispute between CPKCR and TCRC-CTY-W concerning the dismissal of N.M. for the events surrounding the failure to protect the point, resulting in shove movement through previously run through east end track 2 switch, causing a derailment at track 3 switch in Broadview Yard. Violation of T&E Safety Rule Bok, T-O Job Briefing, Rule Book for T&E Employees, Section 12.3 Shoving Equipment. (COUNSEL) |
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WEDNESDAY, DECEMBER 11, 2024 / MERCREDI LE 11 DECEMBRE, 2024 |
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5117 |
Dispute
between CPKCR and TCRC-MWED concerning the dismissal of K.H.
for conduct unbecoming as evidenced by the criminal charges for the following
offences: |
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5118 |
Dispute between CPKCR and TCRC-MWED concerning the dismissal of R.K. for the alleged refusal to submit to a reasonable suspicion drug and alcohol test, a violation of the Company’s Alcohol and Drug Policy and Procedures: CPKC Policy HR203 - Alcohol and Drug Policy (Canada) and, CPKC Procedure HR203.1 – Alcohol and Drug Procedures (Canada). (COUNSEL) |
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ARBITRATOR C. YINGST BARTEL in EDMONTON, AB
TUESDAY, NOVEMBER 12, 2024 / MARDI LE 12 NOVEMBRE, 2024 |
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5097 |
Dispute between CNR and USW-2004 concerning the discharge of Permanent Machine Operator K.G. for the involvement in a main track authority violation (MTAV), failure to verify limits, and the subsequent Track Unit Collision with CN 5663 Train 3105123 and a Backhoe at Mile 5.8 on the Clearwater Sub, in violation of CROR General Rule A i and vi, CROR C i and ii, GEI 10.7, 10.9, 10.10b, 10.10c, 11.20-11.4. (COUNSEL) |
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5098 |
Dispute between CNR and TCRC-CTY-C concerning the assessment of 20 demerits to Foreman E. J. for the circumstances surrounding the violation of CROR General Rule A xi and xii while working East Extra in MacMillian Rail Yard. (COUNSEL) |
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5099 |
Dispute between CNR and TCRC-CTY-W concerning the discharge of S.U. for conduct unbecoming when speaking about a fellow employee to the Crew Caller, and conduct/inappropriate comments made to the crew dispatcher. (COUNSEL) |
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5100 |
Dispute between CNR and TCRC-CTY-W concerning the discharge of S.U. for violation of the Company's Drug and Alcohol Policy whereby on October 11, 2022, you reported for a scheduled statement/investigation on Company premises while under the influence of alcohol. (COUNSEL) |
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WEDNESDAY, NOVEMBER 13, 2024 / MERCREDI LE 13 NOVEMBRE, 2024 |
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5101 |
Dispute between VIA and TCRC concerning the assessment of a 30-day suspension to R.O. for improper use of a company vehicle. (COUNSEL) |
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5102 |
Dispute between VIA and TCRC concerning the assessment of 25 demerit marks to R.O. for the alleged failure to company with the VIA Rail Drug and Alcohol Policy. (COUNSEL) |
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5104 |
Dispute between CPKCR and TCRC-RTC concerning the assessment of 30 demerits and subsequent dismissal for accumulation of demerits to H.M. for alleged failure to report the personal injury, and violation of Corporate Safety Policy dated May 2022, CROR General Rule A, and CROR General Rule C. (COUNSEL) |
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5105 |
Dispute between CPKCR and TCRC-CTY-W concerning the dismissal of S.L. for failing disclose prior medical information during your Pre-Employment Medical and the Reinstatement Medical Assessment. A violation of Canadian Pacific Policy OHS 4000 - Fitness to Work Medical Policy (Canada Only) & Procedure - Fitness to Work Medical Procedure (Canada Only). (COUNSEL) |
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5106 |
Dispute between CPKCR and TCRC-CTY-W concerning S.R. and the assessment of 30 demerits for the missed call at 0747 for TCS 8285 while working as a Conductor in Alyth Yard; a violation of the T&E Availability Standard, and subsequent dismissal for accumulation. (COUNSEL) |
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THURSDAY, NOVEMBER 14, 2024 / JEUDI LE 14 NOVEMBRE, 2024 |
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5107 |
Dispute between CPKCR and TCRC-LE-E concerning the dismissal of S.J. – File postponed to January 2025. (COUNSEL) |
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5108 |
Dispute between CPKCR and TCRC-CTY-E concerning A.S. and the assessment of a 10-day suspension (5-day suspension and 5-day deferred suspension) for running through the EW08 East-end switch, violation of Rule Book for T&E Employees – Section 9.1. (COUNSEL) |
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5109 |
Dispute between CPKCR and TCRC-CTY-E concerning the dismissal of A.S. for failure to disclose information related to a medical condition and use of Alcohol & Drugs that impacted the Company's ability to properly assess your fitness for duty, a violation of CPKC's Fitness to Work Medical Policy and Procedure (HSS000) & Alcohol and Drug Procedures Canada (HR203.1). (COUNSEL) |
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5110 |
Dispute between CPKCR and TCRC-LE-W concerning whether the Company was within its rights to assign a Duty Rest Period Rule (“DRPR”) reset break to Locomotive Engineer A.P. at the away from home terminal (“AFHT”) and should the Grievor have received a held away payment as a result of having been assigned a reset break at the AFHT. (COUNSEL) |
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