A locomotive engineer trainee operates the controls of a simulator at the Norfolk Southern Training Center - 11 Jan 2013 Photographer unknown.

14 August 2013

Policy Grievance Articles 71 CTY
and 22 LE Training Managers

Mr. Guido Deciccio, VP Operations
Canadian Pacific Railway
401 - 9 Avenue SW, Sixth Floor
Calgary, AB T2P 4Z4
 
Mr. Tony Marquis, VP Operations
Canadian Pacific Railway
2025 McCowan Road
Scarborough, ON M1S 5K3
 
Dear Sirs,
 
Re:  Policy Grievance Articles 71 CTY and 22 LE Training Managers
 
It has come to the attention of our offices that the Company is advertising "street to seat" Locomotive Engineer training for managers.
 
We note in the explanation there is reference to on the job training (OJT) as part of the program.
 
It is the position of the TCRC that OJT for managers cannot be accomplished using our members as trainers.
 
The Collective Agreement is clear on how training for a Locomotive Engineer is administered and who we can train.
 
There is no provision in the Collective Agreements for our members to train managers to operate as Locomotive Engineers. The Collective Agreements clearly outline the requirements before training other than Conductors, Trainmen, and Yardmen that they must work as a CTY for a minimum of 2 years CCS before even being considered for Engineer training. Further all avenues of training CTY from the respected seniority lists must be exhausted before looking outside the Collective Agreement provisions to train others from outside of our membership.
 
The company is not following the process set out in the CTY Collective Agreement for training to the position of Conductor/Trainman.
 
The position of our offices has clearly been communicated for many years that there is no Collective Agreement provision to train managers. The Company has agreed that the Collective Agreements do not provide for training of managers as Engineers or Conductors.
 
The CTY also have grievances on record regarding training managers as Trainpersons.
 
The Company is further restricted from training managers on the agreed to protocol in the Collective Agreement. The Collective Agreement clearly states that "No other alterations, however, shall occur to this protocol without prior consent of the applicable General Chairs."
 
Our respective offices categorically do not give consent to this change in protocol.
 
It is our position that the proposed actions of the Company is further a violation of the Canada Labour Code in that the Company is trying to undermine the Union and our right to represent our members. This has clearly been shown on an ongoing basis what the Company has planned in this regard as they are running manager trains with our members available for duty and also laid off. Clearly the Company is engaging in anti-union animus and attempting to undermine our representation of our members.
 
The Union also has grave concerns for the safety of our members and the public in having people who only have had cursory exposure to the elements of train operation and are not experienced enough to understand the catastrophic consequences that can result from an accident due to inexperience or lack of knowledge.
 
We respectfully request that the Company cease and desist from this attempt at "union busting" immediately and all violations of the Collective Agreement in this regard.
 
Yours truly,
 
Dave Able - General Chairman LE West
 
Dave Olson - General Chairman CTY West
 
Benoit Brunet - General Chairman LE East
 
Bruce Hiller - General Chairman, CTY East

Vancouver Island
British Columbia
Canada