In this award, supplementary to AH891, Arbitrator Clarke examined whether, back in 2018, CPKC and the TCRC had entered into an oral agreement for a cap on benefits for new employees as part of a last-minute settlement to avoid a strike.

In January 2024, CPKC declared that the positions of Drivers at its Saint-Luc car park in Montreal would henceforth be designated as “safety sensitive”.

In his original decision (French-language award AH881 CPKC vs. United Steelworkers Local 1976), Arbitrator Graham Clarke had determined that CPKC was within its rights in so doing, but that its related requirement for drug/alcohol testing at a third-party clinic for drivers already in position did not pass the “KVP test”.

This supplementary award AH881-S first examined whether the principles of “res judicata / functus officio” applied to CPKC’s continuing request for medical information. The award also considered what medical information CPKC could request from drivers for their safety sensitive positions at this location.

In November 2017, a CN Rail conductor was kept on duty for more than two hours after his rest had been scheduled to commence. In January 2022, Arbitrator John Stout ruled in AH760 that CN had violated the collective agreement, and remitted the issue of remedy to the parties. In May 2025, the union (TCRC) wrote to the arbitrator, advising that the parties had been unable to agree upon the remedy, and asked him to decide the matter. CN objected, submitting that the arbitrator’s jurisdiction in the matter had “expired” on account of the lengthy delay in reviving the matter. On August 14, Arbitrator Stout issued supplementary award AH760-S deciding the remaining issues and stating that he no longer remained seized.