LC October Report

October 30, 2016

Brothers and Sisters of Division 747

Here is my report for October 2016 to be tabled at the next monthly meeting on November 14, 2016

On Thursday, October 27th President Brother Frost and myself met privately with your National Executive for almost 45 minutes prior to the open meeting convened at the Royal Canadian Legion to discuss the decade old issue of Pension Contribution overpayments sustained by many of our brothers and sisters prior to 2006. What became clearly obvious was that the file at the National office in Ottawa was incomplete for various reasons. There was clearly a variance of opinion as to how strong our case was and to what degree the corporation could be held both liable and culpable.

As a result of our discussions it was agreed that first and foremost we had to fill in the gaps of the files. Next we need to get a more definitive handle on the degree of the overpayment involved. In reviewing the documents associated with the rebate of the excess contributions deducted in 2005 we have at least an idea as to the size and scope of the issue. What we need now is assistance from those of you who were affected by this issue prior to 2005. We are requesting that any brother and sister who believe they over contributed send Brother Frost or myself copies of those documents in your possession that will confirm these deductions. Our claim would be better received if we had a more detailed claim.

To that end the National Legislative Director is arranging for a release of information form that will accompany these copies and you can be sure that they will be safeguarded and their contents be for specific eyes only. Brother Frost and I have agreed to a deadline of November 30th to turn over this information to our National Office.

We have heard some rumblings about the amended Toronto-Ottawa run cycles taking effect October 31. Specifically we have learned that a specific company officer has been telling all that these schedules are the Union’s proposal and as such any complaints should be directed towards same. Of course this is not entirely accurate. As a matter of fact I presented the corporation with two separate proposals. The first was the one we are working now. And if you look at them carefully you will notice that they are simply the last set of schedules with the new service cut in using the standard ‘first in first out’ rule. This led to an increase in layover times for some assignments operating in the middle of the day.

As a counter to those schedules we proposed cycles increasing, with alterations, the number of ‘up and back’ assignments. Those schedules would be tighter but allow for shorter time away from home. In addition they would have increased the number of assignments with Sat/Sun off by 4. Further to that any lengthening of lay-overs, which were inevitable owing to the times of the new service, would be kept to a minimum. They were not to be the whole scale variety that they are now. In any event the corporation turned these schedules down flat.  Their counter offer included taking the existing spare assignment that operates every Saturday and incorporated it into a regular assignment. To do this other assignments were changed to accommodate the trickle down effect. In a nutshell they weren’t pretty. We at least were able to convince them that leaving the spare trip was good for both parties. (Side bar, had the corporation agreed to the new up and back scenarios you would have been consulted prior to a final decision)

» read more

Employee Statements

 

Alleged E-Test failure

Alleged E-Test failure

 

Discipline Assessed

 

45 Demerits – Alleged violation CROR 439, 34

30 Demerits – Alleged violation CROR 439, 34

 

Step I Grievance Settled

 

NIL

 

Step II Grievances Initiated

 

30 Demerits – Alleged violation CROR 439, 34

 

Step II Grievances

 

  1. Kennedy – Art. 9.3/Add.226, June 26, July 10, 2016
  2. Boland – Payment at O & A while on Shortage Hornepayne, Ont

10 DM – Alleged violation CRO Rule 33, Train 72, August 13, 2015

  1. Chase – Art. 9.3/Add. 226, July 24, Aug. 7 & 14, 2015

10 Demerits – CROR 33, Train 68, March 27, 2015

  1. McFadden – O&A for working 3rd Seniority assignment
  2. Yeung – O&A for working 3rd Seniority assignment
  3. Terry – Art. 9.3, Train #650 at Kingston, Dec. 17, 2014
  4. Chodkeiwicz – Art. 9.3, Train #650 at Kingston, Dec. 17, 2014
  5. Landry – O&A for working 3rd Seniority assignment
  6. Clarke – O&A for working 3rd Seniority assignment
  7. Tutak – O&A for working 3rd Seniority assignment
  8. Oliphant – O&A for working 3rd Seniority assignment
  9. Tutak – O&A for working 3rd Seniority assignment`
  10. Graham – O&A for working 3rd Seniority assignment
  11. Roach – O&A for protecting Montreal South assignments

20 Demerits – Violation CROR 33 and VIA Timetable Footnote Speed Table Train 71, Nov. 13, 2014

10 Demerits – Violation CROR 33 and VIA Timetable Footnote Speed Table Train 71, Nov. 13, 2014

  1. Terry – Claim for 6 hrs O & A Art. 9.3 & Add. 226 Train 64 at Montreal
  2. Digiambattista – Claim for 6hrs O & A Art. 9.3 & Add. 226 Train 64 at Montreal
  3. Kay – Article 255.1
  4. Kay – Called and Cancelled & Art. 9.2 – extra switching MMC
  5. O’Brien – Called and Cancelled & Art. 9.2 – extra switching MMC
  6. Donahue – Hot meal allowance
  7. Logue – Art. 9.3 and Add. 226

HEP. Hookup – Held in abeyance

20 Demerit Marks – Availability

 

Step II Grievances Settled

 

NIL

 

Step III Grievances Initiated

 

45 Demerits – Alleged violation CROR 439, 34

 

Step III Grievances

 

30 Day Suspension — Alleged violation VIA Code of Ethics, P.T.I. Section 7

10 Demerits – Absenteeism

15 Demerits – Violation CROR 33 and 43, May 31, 2016

25 Demerits – Violation CROR 33 and 43, May 31, 2016

15 Demerits – CROR 33 April 2, 2016

30 Demerits – Alleged failure to comply with CROR 416, Cobourg

10 Demerits – Alleged failure CROR 104

10 Demerit Marks – Alleged violation CRO Rule 33, Train #648, mi. 143 Kingston Sub.

15 Demerit marks – Alleged violation CRO Rule 33, Train #648, mi. 143 Kingston Sub.

15 Demerit Marks – Alleged failure to comply with speed restriction over HBD mi. 29.2 Kingston Sub

20 Demerits – Violation CROR 33 resulting in entering 60 mph PSO at 75 mph

20 Demerits – Violation CROR 33 resulting in entering 60 mph PSO at 75 mph

10 Demerits – Alleged failure to comply with Uniform Policy

10 Demerits – CROR 33 April 2, 2016

30 Demerits – Alleged failure to comply with CROR 416, Cobourg

10 Demerits – Alleged violation CROR 104.5 (b), Sarnia Tempo Yard, Nov. 23, 2015

10 Demerits – Alleged violation CROR 104.5 (b), Sarnia Tempo Yard, Nov. 23, 2015

Written Reprimand – Alleged failure to follow instructions in Bulletin No. CS/SC 15-28

Written Reprimand – Alleged failure to follow instructions in Bulletin No. CS/SC 15-28

  1. Roy – Loss of Wages Run Around, August 13, 2015

10 DM – Alleged violation CROR 33, Train 71, August 27, 2015

10 DM – Alleged violation CROR 33, Train 71, August 27, 2015

Joel Webb – O&A for working 3rd Seniority assignment

15 Demerits – Alleged movement Train #64 at Kingston, January 30, 2015

20 Demerits – Alleged failure to comply with 30 mph TSO GBO

40 DM – Alleged violation CROR 314 (b), Train 88, September 3, 2015

35 DM – Alleged violation CROR 406 and 416, Train 55, Sept. 29, 2015

  1. Knapp – Five –Day Bereavement Leave M. Knapp – Five –Day Bereavement Leave

20 Demerits —  Alleged violation speed GBO Train 48, Oct. 20, 2014

20 Demerits — Alleged violation speed GBO Train 48, Oct. 20, 2014

15 Demerits – Alleged failure to comply with P.S.O. speed restriction

24 Demerits – Alleged failure to comply with P.S.O. speed restriction

10 Demerits – Failure to protect spare board assignment

25 Demerit Marks – Alleged violation CROR 416 at Oshawa West

Article 9.3 and Addendum 226 on behalf of the Division

  1. Kay – Article 255.1, Aug. 4, 2014
  2. Martin – Article 255.1, Aug. 4, 2014

20 Demerit Marks – Alleged failure to comply with CROR 103(g)

  1. Whaling – O & A rates for Work Train Service
  2. Bonczuk – Loss of earnings after being held out of service without cause
  3. Biro – Run Around Train # 1
  4. Biro – Lost earnings – Run Around Train No. 1
  5. Cooke – Run Around – Train No. 1
  6. Biro – Runaround loss of earnings
  7. Shaver – Art. 9.3 and Add. 226
  8. Wilson – Called in advance at Away From Home Terminal to perform switching
  9. Boyd – Called in advance at Away From Home Terminal to perform switching
  10. Sheedy – Art. 9.3 and Add. 226 – Train 50/52 Union Station
  11. Mysacowec – 6 hrs O & A hostling at Union Station
  12. Digiambatistta – 6 hrs O & A – switching at Montreal Central Station
  13. Rawdat – Runaround

 

Step III Grievances Settled

 

NIL

 

Arbitration (CROA)

 

  1. Kozusko – Loss of earnings – MOE
  2. Simm – Art. 9.3 and Add. 226
  3. Nikkel – 90 Day Suspension – Alleged violation CROR 43

 

Mediation/Arbitration

 

Demotion – Alleged violation CROR 406 and 416, Train 55, Sept. 29, 2015 – Demotion upheld, Yardmaster seniority re-established

Amalgamated Seniority – Seniority Amalgamation Date established as October 1, 2016

30 Demerits – Failure to comply with CROR Gen. Rule A (xi) and (xii)

Discharged – Accumulation of Demerit Marks

30 Demerits – Alleged violation CROR 157 – Demerits removed

Discharge – Accumulation of Demerits – Discharge reversed, brother re-instated

30 DM – Alleged violation CROR 157 – Demerits removed, replaced with letter to file

Fraternally,

 

P.A. Hope
Local Chairman,
TCRC Division 747

 

 

» read less