February 13, 2019 – Arbitrator R. Hornung - Calgary

 

 

WEDNESDAY, FEBRUARY 13, 2019 / MERCREDI LE 13 FEVRIER, 2019

4669

Dispute between CPR and TCRC-CTY-W concerning S.V. and the assessment of a 30 day suspension for failure to ensure all hand brakes had been removed from train 411-27 resulting in delay to train. (COUNSEL)

4670

Dispute between CPR and TCRC-CTY-W concerning S.V. and the assessment of discharge for the culminating incident in which the grievor was found to have side swiped equipment with his movement at the west end of FA Yard. (COUNSEL) 

 

 

January 8-10, 2019 – Arbitrator G. Clarke - Montreal

 

TUESDAY, JANUARY 8, 2019 / MARDI LE 8 JANVIER, 2019

4661

Dispute between CNR and UNIFOR concerning a claim for lost wages and pensionable service during the excessive period that J.Z. was held out of service.

4662

Litige entre CMQR and USW-1976 concernant le congédiement de S.R. 

4663

Dispute between CMQR and USW-1976 concerning the discharge of T.H. for the involvement of an accident on July 5, 2013.

WEDNESDAY, JANUARY 9, 2019 / MERCREDI LE 9 JANVIER, 2019

4664

Dispute between CNR and TCRC-LE-W concerning the discharge to J.C. of Winnipeg for a violation of train handling procedures resulting in an emergency brake application. (COUNSEL)

4665

Litige entre VIA et UNIFOR concernant la capacité de S.B. à obtenir un poste de gestionnaire de service conformément à son ancienneté, à la suite d’une entente de continuité de service.

4666

 Litige entre VIA et UNIFOR concernant la terminaison de J.G.V. pour avoir présument fait le choix conscient d’avoir utilisé le mauvais équipement de sécurité le 12 octobre 2017, ayant mené a une blessure invalidante pour une collègue.

THURSDAY, JANUARY 10, 2019 / JEUDI LE 10 JANVIER, 2019

4667

Dispute between CPR and TCRC-LE-W concerning the dismissal of G.P. for the violation of CP Policy OHS 4100 Alcohol and Drug Policy and the use of, and possession of intoxicants while subject to duty. (COUNSEL)

4668

Dispute between CPR and TCRC-CTY-W concerning the Supplemental matter of CROA 4441. (COUNSEL)

 

 

November 13-15, 2018 – Arbitrator R. Hornung - Calgary

 

 

TUESDAY, NOVEMBER 13, 2018 / MARDI LE 13 NOVEMBER, 2018

4657

Dispute between CNR and USW-2004  concerning various article violations when changing the start time for gangs without notice, and when working the aforementioned gangs on their respective calendar rest days without Punitive Over Time (POY) remuneration, and when working them in excess of eight hours on the last day of the work cycle when no operational necessity was demonstrated.

4658

Dispute between CNR and TCRC-CTY-W concerning the Company’s use of forward facing cameras to monitor rule compliances. Preliminary Objection Only. (COUNSEL) 

4659

Dispute between CNR and TCRC-CTY-W concerning the Company’s use of their video camera network to monitor employees for job performance and rule compliance. Preliminary Objection Only.  (COUNSEL)

THURSDAY, NOVEMBER 15, 2018/ JEUDI LE 15 NOVEMBRE, 2018

4660

Dispute between CPR and TCRC-RTC concerning K.E. and the following:

1. The assessment of a 20 day suspension for failure to properly voice TOP 124. 

2. The assessment of dismissal for violation of CRO Rule 571. 

 

 

October 15-16, 2018 – Arbitrator R. Hornung - Montreal

 

MONDAY, OCTOBER 15, 2018 / LUNDI LE 15 OCTOBRE, 2018

4653-4654

Dispute between CNR and TCRC-CTY-W concerning F.A. and the assessment of 15 demerits for violation of CRO Rule 104.5 while working as the Brakeman, resulting in the derailment at Red Deer Interchange and subsequent discharge for accumulation of demerit marks in excess of sixty. (COUNSEL)

Dispute between CNR and TCRC-CTY-W concerning F.A. and the assessment of discharge for violation of Rule G and the Company Policy to Prevent workplace Alcohol and Drug Problems, and testing positive in post incident testing for illegal drugs (cocaine). (COUNSEL)

TUESDAY, OCTOBER 16, 2018 / MARDI LE 16 OCTOBRE, 2018

4655

Dispute between CNR and TCRC-LE-W concerning C.S. and the assessment of 30 demerits for conduct unbecoming towards a Company Officer. (COUNSEL)

4656

Dispute between CNR and TCRC-LE-W concerning C.S. and the assessment of 30 demerits leading to the discharge for accumulation of demerits, for violations of CROR 33 and train handling violations of CN Form 8960 on various trains. (COUNSEL)

 

 


September 11-12, 2018 – Arbitrator A. Sims - Edmonton

 

TUESDAY, SEPTEMBER 11, 2018 / MARDI LE 11 SEPTEMBRE 2018

4650

 

Dispute between CNR and USW-Local-2004 concerning the discharge of J.H. for uttering threats of physical harm and harassment toward fellow employee C.T. in May and June of 2017.

Dispute between CNR and USW-Local-2004 concerning the discharge of M.S. for his conduct of participating in threats of and harassment toward fellow employee C.T. in May and June 2017.

Dispute between CNR and USW-Local-2004 concerning the discharge of C.H. for his conduct of participating in threats of physical harm and harassment towards fellow employee C.T. during May and June 2017.


WEDNESDAY, SEPTEMBER 12, 2018 / MERCREDI LE 12 SEPTEMBRE 2018

4651

Dispute between CNR and TCRC-CTY-W concerning the assessment of 45 demerits to S.D. for a violation of CRO Rule 42. (COUNSEL)

4652

Dispute between CNR and TCRC-CTY-W concerning the discharge of S.D. for a violation of the Company’s Policy to Prevent Alcohol and Drug Problems and CRO General Rule G. (COUNSEL)

 

 

July 10-12, 2018 – Arbitrator G. Clarke - Montreal

 

 

TUESDAY, JULY 10, 2018 / MARDI LE 10 JUILLET 2018

4645

Dispute between CANPAR and USW-Local-1976 concerning the Company’s refusal to allow F.S. the displacement of a junior employee as per his right and qualification.

Dispute between CANPAR and USW-Local-1976 concerning the disqualification of F.S. from a P&D position in the Boisbriand terminal.

Dispute between CANPAR and USW-Local-1976 concerning F.S. facing discrimination on the account of his age.

Dispute between CANPAR and USW-Local-1976 concerning the inaction of the Company following F.S’s complaint in regards to safety issues caused by Company objectives and standards.


WEDNESDAY, JULY 11, 2018 / MERCREDI LE 11 JUILLET 2018

4646

Dispute between CNR and TCRC-LE-W concerning the declination of a runaround claim by J.P. alleging he was runaround with R departed Sioux lookout in a taxi, prior to Mr. P. being run, in accordance with Article 32.1. It is the position of the Union that this was avoidable and should attract payment as is contemplated in Article 32.2.(COUNSEL)

4647

Dispute between CPR and TCRC-CTY-W concerning the dismissal of A.L. for having made an inappropriate comment with offensive racial connotations to an external delivery person on Company property, violation of Company’s Policy 1300-Discrimination and Harassment. (COUNSEL)

4648

Dispute between CPR and TCRC-CTY-E concerning the failure to accommodate J.R. (COUNSEL)


THURSDAY, JULY 12, 2018 / JEUDI LE 12 JUILLET 2018

4649 Proceeding to AdHoc

Dispute between CPR and TCRC-LE-E concerning the dismissal of X for conduct unbecoming an employee for engaging in the use of illegal and prohibited substance (cocaine) as evidence by the positive test conducted. (COUNSEL)

 

 

 

June 12-14, 2018 – Edmonton – Arbitrator A. Sims

 

 

TUESDAY, JUNE 12, 2018 / MARDI LE 12 JUIN 2018

4641

Dispute between CNR and TCRC-CTY-W concerning the assessment of 20 demerits to S.W. for violation of GOI 5.2 and 5.3. (COUNSEL)

4642

Dispute between CNR and TCRC-CTY-W concerning the assessment of 25 demerits to S.W. for missed call, and subsequently discharged for accumulation of 70 demerits. (COUNSEL)


WEDNESDAY, JUNE 13, 2018 / MERCREDI LE 13 JUIN 2018

4643

Dispute between CPR and TCRC-LE-W concerning the discharge of J.B. for conduct unbecoming of an employee and insubordination. (COUNSEL)


THURSDAY, JUNE 14, 2018 / JEUDI LE 14 JUIN 2018

4644

Dispute between CPR and MWED concerning the employees working on the Eastern Region Districts 1 & 2 Crews who were receiving the per diem allowance pursuant to section 12.9(b) but were being denied 50% of the per diem ($51.50) for rest days prior to the commencement of their work cycle. (COUNSEL)

 

 

 

May 8-10, 2018 – Calgary – Arbitrator R. Hornung

 

 

TUESDAY, MAY 8, 2018 / MARDI LE 8 MAI, 2018

4632

Dispute between CNR and USW-2004 concerning the Company failing to provide the Union a Notice of start time change.

4633

Dispute between CNR and USW-2004 concerning a wage claim for hours worked by contractors.

4634

Dispute between ONR and MWED concerning the assessment of discharge to C.L. for serious rule violation and gross misconduct. (COUNSEL)

4635

Dispute between CPR and MWED concerning the assessment of discharge to G.R. for a TOP violation on the Galt subdivision. (COUNSEL)

4636

Dispute between CPR and TCRC-LE-W concerning the discharge of G.T. for failing to observe Track A/Lead switch was lined against the movement, causing the movement to run through Track A/Lead switch resulting in the derailment of 4 cars. (COUNSEL)

WEDNESDAY, MAY 9, 2018 / MERCREDI LE 9 MAI, 2018

4637

Dispute between CPR and TCRC-CTY-E concerning a failure to accommodate M.K. (COUNSEL)

4638

Dispute between CPR and TCRC-CTY-W concerning B.G. and the following:

a. 30 Day Suspension for failure to complete work assignment by not working in a productive manner.

b. 14 Day Suspension for failure to fulfill his contractual obligation as evidenced by booking unfit and booking sick on weekends.

c. 30 Day Suspension for failure to fulfill his contractual obligation as evidenced by being unavailable for duty after familiarization from November 4th to 8th inclusive.

d. Discharge for failing to fulfill his contractual obligation as evidenced by intentionally not showing up for duty on the Assigned Job of October 7. (COUNSEL)

THURSDAY, MAY 10, 2018 / JEUDI LE 10 MAI, 2018

4639

Dispute between CNR and TCRC-CTY-W concerning the assessment of 20 demerits to E.N. for violation of CRO Rule 115 and GOI 8.12.3 resulting in a collision with M30251-28 causing damage to tracks and locomotives. (COUNSEL)

4640

Dispute between CNR and TCRC-CTY-W concerning the assessment of 25 demerits to E.N. for violation of CRO Rule 104.5, GOI 8, 12.15 and GOI 8, 12.3 resulting in the derailment of GATX-24205 while working as a Conductor on L51051-21, and subsequent discharge for accumulation of demerits in excess of 60. (COUNSEL)

 

 

 

April 10-12, 2018 – Montreal – Arbitrator G. Clarke

 

TUESDAY, APRIL 10, 2018 / MARDI LE 10 AVRIL, 2018

4623

Litige entre VIA RAIL INC et UNIFOR concernant P.D. s’est vu imposer 60 points de pénalisation pour avoir présument exécuter une transaction frauduleuse lors d’une interaction avec des passagers de Via Rail Canada, alors qu’il était en fonction comme agent a billetterie le 1er décembre 2016 a la gare centrale de Montréal. Par conséquent, il été congédie pour accumulation de points le 13 janvier 2017.

4624

Dispute between VIA RAIL INC and UNIFOR concerning the assessment of 60 demerit marks and subsequent discharge of Senior Service Attendant A.N. for conduct unbecoming regarding VIA Rail’s Email Usage Policy, VIA Rail’s Computer Network and Internet Usage Policy and VIA Rail’s Cellular Devices Usage Policy, while working Train No.69 on Jul 31, 2016.

4625

Dispute between CNR and UNIFOR concerning the assessment of 30 demerit marks and subsequent discharge of M.B. for violation of the Attendance Management Standards and Booking Off Policy.


WEDNESDAY, APRIL 11, 2018 / MERCREDI LE 11 AVRIL, 2018

4626

Dispute between CNR and TCRC-LE-W concerning the assessment of 20 demerits to B.N. for violating speed restrictions contained in CRO and the Subdivision Time Table speed restrictions for trains carrying Special Dangerous Commodities. (COUNSEL)

4627

Dispute between CNR and TCRC-LE-W concerning the assessment of 20 demerits and subsequent discharge for attendance related issues. (COUNSEL )

4628

Litige entre CNR and TCRC concernant l’attribution de 25 mauvais points au dossier M.C. à compter, et de 40 mauvais points ayant conduit à son congédiement.


THURSDAY, APRIL 12, 2018 / JEUDI LE 12 AVRIL, 2018

4629

Dispute between CPR and TCRC-CTY-W concerning the assessment of 2 dismissals to D.L. for the following:

First Discharge for operating the train in an unsafe matter which resulted in the train side swiping train I-13 and causing a derailment.

Second Discharge for not securing the standing portion of the train and by not applying any handbrakes to any of the rail cars left standing unattended. (COUNSEL)

4630

Dispute between CPR and TCRC-CTY-W concerning B.D. And a 30 day suspension to B.D. for booking sick on call, and for booking unfit on 2 separate occasions. (COUNSEL

4631

Dispute between CPR and TCRC-CTY-W concerning the dismissal of B.D. for missing the call at 00:08 for train 113-03, a violation of Attendance Management Information Bulletin. (COUNSEL)

 

 

 

March 13-15, 2018 – Edmonton – Arbitrator A. Sims

 

TUESDAY, MARCH 13, 2018 / MARDI LE 13 MARS, 2018

4575

Dispute between CNR and TCRC-CTY-C concerning a continuation of B.V. who was required to yard his train at Taschereau Yard in tracks including track MI06 where he was required to couple onto cars and handle cars not in connection with his train in violation of Articles 11.7 and 41 of the 4.16 Collective Agreement. (COUNSEL)

4614

Dispute between CNR and UNIFOR-4000 concerning a Local Notice in Grande Cache and Grande Prairie, AB, advising that the spareboard guarantee would be reduced from the Conductor rate of pay to the Assistant Conductor rate of pay effective immediately.

4615

Dispute between VIA RAIL and UNIFOR-4000 concerning the demotion of D.H. from her permanent position of In-Charge Agent at Union Station in Toronto following an investigation. (COUNSEL)

4616

Dispute between VIA RAIL and UNIFOR-4000 concerning the assessment of 60 demerit marks and the subsequent discharge of Counter Sales Agent E.C., in violation of a Last Chance Agreement. (COUNSEL)

4617

Dispute between VIA RAIL and UNIFOR-4000 concerning the assessment of 25 demerit marks and the subsequent discharge of Station Services Attendant K.N., in violation of a Last Chance Agreement. (COUNSEL)


WEDNESDAY, MARCH 14, 2018 / MERCREDI LE 14 MARS, 2018

4618

Dispute between CNR and TCRC-CTY-W concerning the assessment of 25 demerits and subsequent discharge for accumulation of demerits to K.O. for his involvement in a derailment. (COUNSEL)

4619

Dispute between CPR and TCRC-CTY-W concerning the discharge of S.T. for failing to ensure that his power would clear the power in a connecting track resulting in a side collision. (COUNSEL)

4620

Dispute between CPR and TCRC-LE-W concerning G.T. and the following:

-  Assessment of a 30 day suspension for failure to be attentive in his duties as an engineer, resulting in East track 2 Switch being run through by his movement a violation of CROR 114, CROR General Notice, CROR General Rule A I, iii, vi, viii.

- Assessment of a 14 day suspension for failing to ensure his crew was riding the footboard of the locomotive while travelling over switches at the Lethbridge yard. (COUNSEL)


THURSDAY, MARCH 15, 2018 / JEUDI LE 15 MARS, 2018

4621

Dispute between CPR and TCRC-CTY-W and TCRC-LE-W concerning the two discharges of J.Z. for:

- As a Conductor : An accumulation of discipline culminated in the most recent incident in which you failed to comply with T&E Rule Book 7.4 (e) by not sounding the whistle until the crossing at Mission Street was fully occupied.

- As a Locomotive Engineer : Discharged for his prior discipline and culminating safety record, and from the results of an investigative statement held in December 2016, as evident of his failure to operate the train in a safe a matter due to improper use of the locomotive dynamic brake. (COUNSEL )

4622

Dispute between CPR and TCRC-LE-W concerning the discharge of B.J. for failure to properly secure the AEX7313 in Red Deer yard, resulting in the car rolling unattended onto the main track and fouling OCS limits. (COUNSEL)

 

 

February 6-7, 2018 – Calgary – Arbitrator J. Moreau

 

TUESDAY, FEBRUARY 6, 2018 / MARDI LE 6 FEVRIER 2018

4612

Dispute between BOMBARDIER and TCRC-660 concerning the discharge of F.S. for his unapproved absence from June 12, 2015 to date, the company considers that the position has been abandoned. (COUNSEL)

WEDNESDAY, FEBRUARY 7, 2018 / MERCREDI LE 7 FEVRIER 2018

4613

Dispute between CPR and TCRC-RTC’s concerning J.P.S. and the following:

- 7 day suspension for violation of CROR 136 for allegedly voicing and underscoring an incorrect unit number on clearance number 225.

- 15 day suspension for violation of CROR 136 when he allegedly incorrectly voiced TOP 321 as TOP 320.

- Discharge for alleged involvement with the events surrounding cars having been left in the siding at Hurkett with no additional method of securement.

 

 

January 9-11, 2018 – Montreal – Arbitrator G. Clarke

 

TUESDAY, JANUARY 9, 2018  / MARDI LE 9 JANVIER 2018

4606

Dispute between CNR and USW-Local-2004 concerning a Policy grievance; Classification of Flagging Job as identified in Appendix VIII of 10.8.

4607

Litige entre CNR et UNIFOR concernant N.F.:

A. 30 mauvais points au dossier disciplinaire de M. N.F. pour : «avoir endommagé le pare-brise du véhicule de chef d’équipe F150 en date du 16 août 2016». 

B.  Suspension de 7 jours de M. N.F.  du 3 au 9 septembre 2016 pour : «votre conduite inappropriée pendant une discussion avec le superviseur S. St.L. le 30 août 2016.»

C. Imposition de 45 mauvais points au dossier disciplinaire de M. N.F. «pour insubordination en refusant d’obtempérer, à plusieurs reprises, aux directives du superviseur – Intermodal R.B. durant votre quart de travail du 22 septembre 2016.» et son congédiement le 16 janvier pour une accumulation de mauvais points.


WEDNESDAY, JANUARY 10, 2018 / MERCREDI LE 10 JANVIER 2018

4608

 

Dispute between CNR and TCRC-LE-W concerning the discharge of M.M. for his CRO 439 violation on the Edson subdivision while working W90551-19 on May 19, 2017. (COUNSEL)

4604

Continued from December

Dispute between CPR and TCRC-CTY-E concerning the following for A.S.:

A.        30 day suspension for not having respected item T-20 (do not sit or lean on railway equipment) from the train and locomotive safety manual, resulting in you having sat down on the locomotive footboard while working as a yardman at St-Luc on July 17th 2015.

B.        7 day suspension for violation of the attendance management policy to try to earn your leave before the end of your shift on 26 December 2015, for the next shift.

C.        Discharge for failing the CR110 effectiveness test; Resulting from not conducting a train parade inspection 142 and not complying with your last chance agreement dated April 18, 2016, when you were working as a conductor on assignment FS22 on October 14, 2016. (COUNSEL)


THURSDAY, JANUARY 11, 2018 / JEUDI LE 11 JANVIER 2018

4609

Dispute between CPR and TCRC-CTY-E concerning the appeal of the Company’s failure to accommodate Conductor G. Ward. (COUNSEL)

4610

Dispute between CPR and TCRC-CTY-E concerning the dismissal of R.M. for failing to ensure the safe operation of train T12-14 on the Mactier Subdivision as evidenced by your train operating beyond a signal displaying stop indication and exceeding the maximum authorized speed on October 15, 2016 at approximately 0300. (COUNSEL)

4611

Dispute between CPR and TCRC-LE-W concerning the termination of Mr. X. (COUNSEL).