The meetings were not as successful as we had hoped, and there
remain significant outstanding issues. Notwithstanding the 98.1%
rejection, the Company fails to appreciate our Members’ resolve.
We are satisfied that our issues have been addressed. The main
agreement is a four-year agreement and the KVR agreement has a
five-year term. All the details will be distributed.
We are quickly running out of time to reach any kind of agreement
before our strike deadline of 2200 EDT tonight. Barring some
unlikely event, we will be taking a legal strike at the deadline.
Appeal of 30-day suspension to Locomotive Engineer B. Desjarlais
The arbitrator accordingly substitutes a 3-day suspension for the
original 30-day suspension. This suspension applies solely to Mr.
Desjarlais receiving a call for work and booking off sick at that time.
No discipline was warranted for the two occasions when Mr. Desjarlais
booked unfit in accordance with the collective agreement.
Appeal of two dismissals of D. Lang
The arbitrator has concluded that the dismissal for the September 3,
2016 derailment incident was excessive and shall be replaced by a 7-day
suspension. The arbitrator orders CP to reinstate Mr. Lang in his
employment, with compensation and without loss of seniority, except for
the period of the 7-day suspension and less any amounts earned in
Appeal of J. Zahariuk of Winnipeg, MB.
From the totality of these five cases, I cannot discount the
grievor’s feelings. The discharge penalty applied three times in a row
are now all set aside and the grievor is to be reinstated as directed
above. In the last two cases particularly, the magnitude of the penalty
grossly outweighs the relative seriousness of the offences alleged.
Incident Research Project that the TCRC has funded, in part, to
evaluate the effectiveness of the programs that are in place at the
railways at this time.
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