Unifor successful at arbitration over VIA Rail Pass dispute
August 4, 2015
We are pleased to announce that Canadian Railway Office of Arbitration (CROA) Arbitrator Christopher Albertyn released his decision over VIA Rail Canada’s unilateral changes to the VIA Rail Pass Policy. Arbitrator Albertyn ruled in favour of the Union!
Unifor National Council 4000 submitted a grievance over VIA’s change and it was ultimately referred to arbitration and heard on June 10, 2015 at the CROA office in Montreal.
VIA Rail’s new President and Chief Executive Officer, Yves Desjardins-Siciliano, began what he called “an Employee Tour” between May and July 2014, meeting with individual employees and groups of employees to hear their views on issues of interest to them. The VIA Rail Pass Program was discussed with employees during this tour. However, the Corporation had no specific consultation with the Union on any changes to the VIA Rail Pass, or “free transportation privileges” as it is referenced in Collective Agreements 1 and 2 as negotiated over the years between the Union and VIA Rail. Then in September 2014, the Corporation gave notice of substantive changes to the free transportation privileges, making these changes under their discretion in determining its policy and regulations for the administration of the transportation privileges. The changes, which became effective from March 26, 2015, had material changes to the free transportation privileges. Some were better for employees (employees’ guests being entitled to travel with the employee on a 50% fare), but some were worse (an employees’ spouse/common-law partner and dependents and eligible retirees would no longer have free transportation privileges).
VIA argued that the free transportation privileges are subject to the Corporation’s policy, and as such, they have the discretion to make changes to the program and to set conditions and restrictions on rail passes, without having to consult with the Union.
The Union argued that it has exclusive bargaining rights on behalf of the bargaining units it represents, which in the instant case, includes VIA Rail employees governed under VIA/Unifor Collective Agreements 1 and 2.
The Union argued that negotiation on changes to collective rights and privileges of employees must be undertaken by the Employer with the Union, and not directly with employees, which is in breach of both the collective agreements and the Canada Labour Code.
Arbitrator Albertyn did not find that VIA negotiated directly with its employee’s, but did agree with the Union that was in violation of the collective agreement as it pertains to the free transportation privileges, and that the Corporation should have consulted with the Union before making such unilateral changes.
In writing his decision, which hereafter will be referred as CROA&DR Case 4409, Arbitrator Albertyn asserts, in part:
“In the circumstances, I find, with respect to employees represented by the Union, the Corporation has breached the provisions of Article 27.15 (and Article 28.10) of the collective agreement by materially altering the free transportation privileges that existed until 2014. As explained, with respect to pensioners, I find that the Corporation is estopped from making the changes to pensioner eligibility and the free transportation privileges of retirees’ spouses and dependents for the duration of the collective agreement."
"The grievance is therefore upheld. The Corporation is directed to restore the free transportation privileges that existed prior to the substantive unilateral changes effected in 2014 and 2015.”
This was a good award for the Union and its membership at VIA Rail.
We would like to thank everyone on the Union’s side that was involved in working on this case, with special thanks to Unifor National Representative Bob Fitzgerald and retired National Representative, Brother Abe Rosner, for his work and presentations made before CROA and Arbitrator Christopher Albertyn.
You may read the full award by clicking here.
Unifor National Council 4000 submitted a grievance over VIA’s change and it was ultimately referred to arbitration and heard on June 10, 2015 at the CROA office in Montreal.
VIA Rail’s new President and Chief Executive Officer, Yves Desjardins-Siciliano, began what he called “an Employee Tour” between May and July 2014, meeting with individual employees and groups of employees to hear their views on issues of interest to them. The VIA Rail Pass Program was discussed with employees during this tour. However, the Corporation had no specific consultation with the Union on any changes to the VIA Rail Pass, or “free transportation privileges” as it is referenced in Collective Agreements 1 and 2 as negotiated over the years between the Union and VIA Rail. Then in September 2014, the Corporation gave notice of substantive changes to the free transportation privileges, making these changes under their discretion in determining its policy and regulations for the administration of the transportation privileges. The changes, which became effective from March 26, 2015, had material changes to the free transportation privileges. Some were better for employees (employees’ guests being entitled to travel with the employee on a 50% fare), but some were worse (an employees’ spouse/common-law partner and dependents and eligible retirees would no longer have free transportation privileges).
VIA argued that the free transportation privileges are subject to the Corporation’s policy, and as such, they have the discretion to make changes to the program and to set conditions and restrictions on rail passes, without having to consult with the Union.
The Union argued that it has exclusive bargaining rights on behalf of the bargaining units it represents, which in the instant case, includes VIA Rail employees governed under VIA/Unifor Collective Agreements 1 and 2.
The Union argued that negotiation on changes to collective rights and privileges of employees must be undertaken by the Employer with the Union, and not directly with employees, which is in breach of both the collective agreements and the Canada Labour Code.
Arbitrator Albertyn did not find that VIA negotiated directly with its employee’s, but did agree with the Union that was in violation of the collective agreement as it pertains to the free transportation privileges, and that the Corporation should have consulted with the Union before making such unilateral changes.
In writing his decision, which hereafter will be referred as CROA&DR Case 4409, Arbitrator Albertyn asserts, in part:
“In the circumstances, I find, with respect to employees represented by the Union, the Corporation has breached the provisions of Article 27.15 (and Article 28.10) of the collective agreement by materially altering the free transportation privileges that existed until 2014. As explained, with respect to pensioners, I find that the Corporation is estopped from making the changes to pensioner eligibility and the free transportation privileges of retirees’ spouses and dependents for the duration of the collective agreement."
"The grievance is therefore upheld. The Corporation is directed to restore the free transportation privileges that existed prior to the substantive unilateral changes effected in 2014 and 2015.”
This was a good award for the Union and its membership at VIA Rail.
We would like to thank everyone on the Union’s side that was involved in working on this case, with special thanks to Unifor National Representative Bob Fitzgerald and retired National Representative, Brother Abe Rosner, for his work and presentations made before CROA and Arbitrator Christopher Albertyn.
You may read the full award by clicking here.
