Unifor addressing CN's job reductions in the Winnipeg terminal
August 12, 2015
Recently, CN served four day job abolishment notices on four members in Winnipeg who work as Train Movement Clerks (TMC's) at the Company's Transportation Reporting Services (TRS) department at Symington Yard. The reductions are on account of a downturn in rail traffic and were issued in accordance with Article 13.2 of Collective Agreement 5.1, which states:
"In instances of staff reduction, four working days' advance notice will be given to regularly assigned employees whose positions are to be abolished, except in the event of a strike or work stoppage by employees in the railway industry, in which case a shorter notice may be given. The Local Chairperson will be supplied with a copy of any notice in writing."
CN has the right to make such changes in light of a downturn in traffic. There have been some 400 layoffs of CN running trades employees (Conductors, Locomotive Engineers and Yard persons) over the past couple of months, so it's not a surprise to see some changes of this nature in our bargaining unit. CN normally suggests that these type of reductions are only temporary, meaning that when traffic picks up again, the positions reduced will be re-established and bulletined again to our membership. However, this department has gone beyond implementing only Article 13.2 staff reductions within its Winnipeg operations. They have reorganized the work by reassigning TMC duties to other Agreement 5.1 personnel in Edmonton - a separate seniority region - and have assigned some TMC duties to another bargaining unit - train crews - in Winnipeg despite such work is normally performed by our membership.
In theory, these changes have become an ‘Operational’ and ‘Organizational’ change as contemplated by Article 8.1(a) of the parties' Employment Security and Income Maintenance Agreement (ESIMA). We believe that these Operational and Organizational changes will cause various adverse affects on our membership at the Winnipeg terminal. We also contend that the Company has resorted to a sharp practice in their handling of these reductions to circumvent the collective agreement and the ESIMA. Article 8.1(a) of the ESIMA reads:
"The Company will not put into effect any Technological, Operational or Organizational change of a permanent nature which will have adverse effects on employees holding permanent positions without giving as much advance notice as possible to the President Council 4000 or such other officer as may be named by the Union concerned to receive such notices. In any event, not less than 120 days’ notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected."
The Union has filed a Step 3 grievance concerning CN's actions, and we have also requested a meeting of the Labour Adjustment Committee (LAC) pursuant to the terms of the ESIMA in hopes of addressing our contentions in an expedited fashion to minimize the impact of these changes and ensure our membership is not deprived of any benefits that the Employment Security and Income Maintenance Agreement provides them. Copies of both letters may be downloaded below.
In addition to the changes within TRS at Symington, our Winnipeg bargaining unit will also experience the loss of three permanent positions on account of the ESIMA Article 8.1(a) notice on the transferring of the remaining Revenue Management positions to Montreal in September. Unifor Council 4000 Regional Representative Dave Kissack was meeting with CN Labour Relations under the terms of Article 8.4 of the ESIMA to minimize the adverse affects on our membership as a result of this upcoming change.
We will continue to keep members informed as the information becomes available.
Unifor Step 3 grievance on the changes within TRS at Symington (pdf)
Unifor's request for a Labour Adjustment Committee meeting to address CN's changes in Winnipeg (pdf)
"In instances of staff reduction, four working days' advance notice will be given to regularly assigned employees whose positions are to be abolished, except in the event of a strike or work stoppage by employees in the railway industry, in which case a shorter notice may be given. The Local Chairperson will be supplied with a copy of any notice in writing."
CN has the right to make such changes in light of a downturn in traffic. There have been some 400 layoffs of CN running trades employees (Conductors, Locomotive Engineers and Yard persons) over the past couple of months, so it's not a surprise to see some changes of this nature in our bargaining unit. CN normally suggests that these type of reductions are only temporary, meaning that when traffic picks up again, the positions reduced will be re-established and bulletined again to our membership. However, this department has gone beyond implementing only Article 13.2 staff reductions within its Winnipeg operations. They have reorganized the work by reassigning TMC duties to other Agreement 5.1 personnel in Edmonton - a separate seniority region - and have assigned some TMC duties to another bargaining unit - train crews - in Winnipeg despite such work is normally performed by our membership.
In theory, these changes have become an ‘Operational’ and ‘Organizational’ change as contemplated by Article 8.1(a) of the parties' Employment Security and Income Maintenance Agreement (ESIMA). We believe that these Operational and Organizational changes will cause various adverse affects on our membership at the Winnipeg terminal. We also contend that the Company has resorted to a sharp practice in their handling of these reductions to circumvent the collective agreement and the ESIMA. Article 8.1(a) of the ESIMA reads:
"The Company will not put into effect any Technological, Operational or Organizational change of a permanent nature which will have adverse effects on employees holding permanent positions without giving as much advance notice as possible to the President Council 4000 or such other officer as may be named by the Union concerned to receive such notices. In any event, not less than 120 days’ notice shall be given, with a full description thereof and with appropriate details as to the consequent changes in working conditions and the expected number of employees who would be adversely affected."
The Union has filed a Step 3 grievance concerning CN's actions, and we have also requested a meeting of the Labour Adjustment Committee (LAC) pursuant to the terms of the ESIMA in hopes of addressing our contentions in an expedited fashion to minimize the impact of these changes and ensure our membership is not deprived of any benefits that the Employment Security and Income Maintenance Agreement provides them. Copies of both letters may be downloaded below.
In addition to the changes within TRS at Symington, our Winnipeg bargaining unit will also experience the loss of three permanent positions on account of the ESIMA Article 8.1(a) notice on the transferring of the remaining Revenue Management positions to Montreal in September. Unifor Council 4000 Regional Representative Dave Kissack was meeting with CN Labour Relations under the terms of Article 8.4 of the ESIMA to minimize the adverse affects on our membership as a result of this upcoming change.
We will continue to keep members informed as the information becomes available.
Unifor Step 3 grievance on the changes within TRS at Symington (pdf)
Unifor's request for a Labour Adjustment Committee meeting to address CN's changes in Winnipeg (pdf)
