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CAW challenges CN on elimination of Agreement 5.1 positions
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Last January, CN surprised the CAW and its affected members by transferring five permanent positions at the Walker Yard Diesel
Shop in Edmonton classified as Senior Operations Clerks (SOC) – also referred to as Coordinators – from out of the Agreement 5.1
bargaining unit into non-scheduled management positions at the same facility.
This announced change came one day after the Union submitted a Step 1 grievance contending that CN violated Article 17.3 of
Agreement 5.1 (Union Leave of Absence) by denying Local Chairperson John Dowell time off to attend a Joint Conference held
between the Union and Company to discuss potential settlements of outstanding final stage grievances.
Following this change in Edmonton, the Company followed up a few days later by transferring the exact same positions in Winnipeg
- based at the Symington Yard Diesel Shop but referred to as Diesel Services Clerks – into non-scheduled positions at the Winnipeg
facility.
The Union filed an unfair labour practice complaint to the Canada Industrial Relations Board (CIRB) for the change in Edmonton and
by the Company’s denying an accredited Union Officer of his right to Union Leave of Absence. The Union submitted a grievance
contending a violation of Article 2.2 of Agreement 5.1 following the change in Winnipeg, which is still active in the grievance
procedure.
The Edmonton dispute saw the parties (CAW and CN) meet in a mediation meeting on September 8, 2009 in Edmonton with the
CIRB in hopes of settling the disputes without further intervention by the Board (CIRB). Unfortunately, the Company was not willing
to accept the requests made by the Union, that being to re-establish the five SOC positions back into the Agreement 5.1 bargaining
unit at Edmonton.
The dispute was thus advanced to a Panel of three CIRB Members at a hearing which was held on Tuesday, Wednesday and
Thursday – February 2, 3 and 4, 2010.
The Union’s case was presented by CAW National Representative Bob Fitzgerald, along with Council 4000 President Barry Kennedy
and assisted by Council 4000 Regional Representative Ron Shore. John Dowell, who is now the President of CAW Local 4001,
served as a witness for the Union during these hearings.
CN argued that they did not intend to interfere with the business of the Union when denying Mr. Dowell Union leave, rather they
were short staffed and the operations could not afford to have him absent on the date required. The Company further argued that
the subsequent change to the SOC classification had nothing to do with the Union submitting a grievance concerning denying Mr.
Dowell Union leave, rather the fact that the residual work following new the automated processes with the SmartYard system
leaves work that they deem is management type work.
The Union contends that the work assigned to the SOC positions in Edmonton has been assigned to our bargaining unit in excess of
16 years, and this change serves only to undermine the Union and the integrity of the CAW Agreement 5.1 Bargaining Unit.
The Board’s Panel will now review the arguments by both parties and will award a decision at a later date. A decision could take
several months.
We will post updates on this story as the information becomes available.
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