Awards & Resolves

Conductor Only (Yard) Work

February 9, 2024 - Remedy and Policy grievance on behalf of all Conductors in Western Canada, and specifically Conductor Thomas Kreisz (184595) of Vancouver, BC, concerning the violation of Article 75.2, 83, 83A of Agreement 4.3, and the Questions and Answers to the Union from the Company regarding Conductor Only Operations.

The Grievance is allowed.

A declaration will issue that the Company has breached Article 83A.1 of Agreement 4.3 on May 14, 2018 in its assignment of work to the Grievor which was not Conductor Only (yard) work.

The Company is to determine which Yard Crew would have received the work performed by the Grievor on May 14, 2018 and provide compensation to those individuals as if these two hours of work had been properly assigned to them. Such amounts are to be based on current contractual rates of pay.

If that cannot be accomplished, the Company is to pay an equivalent amount directly to the Union for its breach, to be distributed or not, as it determines.
Managers performing Bargaining Unit work while employees are available

The Company also argued that it was not inevitable that Mr. Bobier would have been entitled to the extra shift, based on seniority, and cites CROA 4694. This case, in my view, is distinguishable, as it deals with claims between bargaining unit members. Here, the issue is between a bargaining unit member and a member of management performing bargaining unit work. Mr. Bobier is the only bargaining unit member claiming this extra work and the time for anyone else to do so is long past. The grievor was entitled to make the claim advanced.

The Union has also asked for a “Cease and Desist” Order to be given to the Company concerning the use of management members to do bargaining unit work. Although I agree that I have the power to do this see AH 809, I decline to do so here. The parties will be before the CIRB shortly, with far greater evidence and time than that available through the CROA process

For these reasons, the grievance is allowed. I retain jurisdiction for any questions concerning the implementation of this award.

ESB’s (Clayton Wright) declined wage claim

Grievance regarding an ESB’s (Clayton Wright) declined wage claim (OA) due to his pool turn not having 10 hours off duty (8 + 2) between round trips as submitted by Conductor Clayton Wright for being withheld from his regular position to protect work as a Locomotive Engineer.

The Grievance is allowed. A declaration will issue that the Company has breached the Collective Agreement by:

a. Altering the requirements of Article 113.01(6) by unilaterally imposing on the Grievor a 10 hr rest requirement; and

b. by using the Grievor’s personal rest history to determine the earnings the Grievor “would have made” on his “regular position” under Article 113.01(6).