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Published: September 27th 2012
Source: Division 295
PDF Version


It is the position of the Union that this is in violation

September 27, 2012

Mr. Jeff Poeta
Mr. Matt Oliphant
Canadian Pacific Railway

2025 McCowan Road
Toronto, ON
M1S 5K3

Dear Sirs,

In accordance with Articles 22.02 LE and 71.02 CTY Step Two of the current Collective Agreements, the office of the three Local Chairmen in Toronto, herein file grievance for the Company letter of September 26, 2012 to cancel all local rules with the exception of rules pertaining to GO Trains and Spence.

It is the position of the Union that this is in violation of Section 50 (b) of the Canada Labour Code and Bill C-39 an Act to provide for the continuation and resumption of rail service operations.

The Code clearly sets out that the employer “shall not alter… any right or privilege of the employees in the bargaining unit, or any right or privilege of the bargaining agent,…”
It is the Union position that the local rules the Company has given notice on either form part of or is resultant from the Collective Agreement and, as such, are rights or privileges that are protected under the Code and Bill C-39.

The TCRC respectfully requests that the Company rescind the cancellation of the local rules effective immediately. We further request that any employees disadvantaged under these arbitrary changes or cancellations be made whole.

The Union reserves the right to allege a violation of, refer to and/or rely upon any other provisions of the Collective Agreement and/or any applicable statute, legislation, act or policy.

Thank you for your attention to this matter, we remain,

Yours truly,

John Campbell
John Campbell
Local Chairman - LE
TCRC Dvision 295


Charles Smith
Charles Smith
Local Chairman - CT
TCRC Dvision 295
Derek Carron
Derek Carron
Local Chairman - Y
TCRC Dvision 295



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