CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 2787

Heard in Calgary, Tuesday, 12 November 1996 concerning

CANADIAN PACIFIC RAILWAY

and

CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS

(UNITED TRANSPORTATION UNION)

DISPUTE:

The Council claims that the Company was in violation of the collective agreement when it redesignated the previously bulletined position(s) of the required trainmen to that of non-required trainmen in assigned freight pools Sutherland, Wilkie and Wynard, Saskatchewan, on or about April 17, 1994. JOINT STATEMENT OF ISSUE: The Council contends that the Conductor-Only Agreement requires that all positions, both required and nonrequired, be advertised at any change or establishment of a crew or crews or assignment. The Council further contends that the bulletins for required and non-required first brakemen in Conductor-Only territory were dependent upon the actual ratio of trains operated on the subdivision required a trainman or operational purposes. Such a ratio was reflected in the advertisement for the required or non-required trainmen at the General Advertisement of Assignments. The Council finally contends that the Company, by redesignating positions as non-required regardless of the ratio of trains operated on a subdivision requiring a trainman, has negatively affected its members seniority rights and earnings potential. The Company has declined the Council’s grievance. FOR THE COUNCIL: FOR THE COMPANY: (SGD.) L. O. SCHILLACI (SGD.) S. SEENEY GENERAL CHAIRMAN FOR: DISTRICT GENERAL MANAGER, BC DISTRICT There appeared on behalf of the Company: M. E. Keiran – Manager, Labour Relations, Calgary R. E. Wilson – Director, Labour Relations, Calgary S. Seeney – Manager, Labour Relations, Calgary R. V. Hampel – Labour Relations Officer, Calgary R. M. Smith – Labour Relations Officer, Calgary J. C. Copping – Labour Relations Officer, Calgary And on behalf of the Council: L. O. Schillaci – General Chairman, Calgary J. K. Jeffries – Vice-General Chairman, Cranbrook B. McLafferty – Vice-General Chairman, Moose Jaw D. H. Finnson – Secretary, Saskatoon At the request of the parties, the Arbitrator adjourned the hearing sine die.