|
LETTER OF UNDERSTANDING
BETWEEN
ST. LAWRENCE & HUDSON RAILWAY
(TORONTO)
(CANADIAN
PACIFIC LTD)
AND THE
CANADIAN COUNCIL OF OPERATING
UNIONS
REPRESENTING
THE BROTHERHOOD OF LOCOMOTIVE
ENGINEERS
DIVISION 295
AND THE
UNITED
TRANSPORTATION UNION
LOCAL 416
February 12, 2002
Mr.G.S.Nelson
Canadian Pacific Railway
Manager Road Operations
Southern Ontario Service Area
Toronto Yard
Dears Sir,
This is in regards to our meeting held in
your office at Toronto Yard, February 5, 2002, and the
resolve of the recent incorrect administration and
interpretation of the Spence Agreement, as it relates to the
assignments Toronto – Spence Terminal limits, daily job
functions, and what triggers the penalty payment outlined in
Item 2.0 (e).
It was agreed that, the absolute signal
located at mile 10.0 Galt Subdivision, will define the
westward limit of the area referenced as “Toronto Terminal”
in 2.0(e) and upon exceeding this location/mileage, that the
payment will apply, irrespective of the equipment handled.
It was agreed that, when mainline tracks are used to yard
a Honda assignment train and it is clear at headend and
tailend in order to allow access for switching requirements
it will be considered yarded, and, that the Spence/Honda
assigned crews will now be considered as yarded, they may
then be required to perform further switching, but, only in
direct connection with their own inbound train. This
reference to switching does not constitute the doubling over
of headend traffic into Lambton Yard. Work performed after
yarded will trigger the application of 2.0(e).
It was
agreed that, claims could be submitted under the HO claim
code to facilitate timely and correct payment of bona fide
claims. The present practice of utilizing the IP claim code
may still be used. The choice is up to the individual
employee submitting the claim with the understanding that
that they are open to audit and claw back if found to be
ineligible to such claim.
It was agreed that, all IP
claims, declined by the improper application of the Spence
Agreement by the Auditor and those that are being held in
abeyance pending the outcome of this meeting, will be
honored, retroactively, and that the affected employee’s will
be submitting such claims.
If you concur with this
capsulation of our meeting, would you please indicate as such
in the space provided and retain one (1) copy for your
records and return the other two (2) copies for the Council’s
files.
Sincerely,
Robert F Hewitt
LC 295
I concur
-------------------------
G.S.Nelson
Manager Road
Operations
Canadian Pacific Railway
SOSA - Toronto Yard
c.c.
D.B. Hiller
Local Chairperson
Local 416
District 3
UTU
|