Update on CN's reductions to Train Movement Clerks in Winnipeg
October 3, 2015
m We previously reported that CN had served four day job abolishment notices in accordance with Article 13.2 of Collective Agreement 5.1 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 were on account of a downturn in rail traffic.
Subsequent to reducing these four permanent jobs, CN had moved the work that was assigned to them to Edmonton. Unifor Council 4000 contended that despite the Company having the right to reduce permanent positions in such cases (downturn in traffic that causes a slowdown in work), moving work from one seniority region to another - Prairie Region to Mountain Region - means that such change becomes an "Operational or Organizational change" pursuant to the terms of Article 8.1(a) of the Employment Security and Income Maintenance Agreement (ESIMA). The Union contends that the CN cannot move work from one seniority region to another without issuing a notice pursuant to Article 8.1(a) of the ESIMA.
The Union submitted a Step 3 grievance (pdf) in relation to these reductions, and also requested a meeting of the Labour Adjustment Committee (LAC) (pdf) as in accordance Article 2.1 of the ESIMA to discuss these changes.
We met with CN for an LAC meeting on October 1, 2015 in Winnipeg, whereas the Union asked pointedly if the work transferred from Winnipeg to Edmonton will be returned to Winnipeg at such time traffic picks up and the jobs are to be re-established. The Company advised, "no".
As a result of this, the Union asked that relocation opportunities be considered for qualified affected members, and that all Unifor members that are adversely affected by this change be provided with Employment Insurance top-up benefits if laid-off, as well as Maintenance of Basic Rates (Incumbency) as per Article 8.9 of the ESIMA, which states:
"Employees whose rate of pay is reduced by $11.00 or more per week, by reason of being displaced due to an Article 8.1 change, will continue to be paid at the basic weekly or hourly rate applicable to the position permanently held at the time of the change providing that, in the exercise of seniority, they;
(a) first accept the highest-rated position at their location to which their seniority and qualifications entitle them; or
(b) if no position is available at their seniority terminal , they accept the highest-rated position on their Basic Seniority Territory to which their seniority and qualifications entitle them.
The maintenance of basic rates will continue until:
(i) the dollar value of the incumbency above the prevailing job rate has been maintained for a period of three years, and thereafter until subsequent general wage increases applied on the basic rate of the position they are holding erase the incumbency differential; or
(ii) the employee's services are terminated by discharge, resignation, death or retirement.
Please read Article 8.9 of the ESIMA for more details (pdf).
We will continue to provide updates on this issue when new information becomes available.
Related:
August 30, 2015 - Update on CN's job reductions in Winnipeg
August 12, 2015 - Unifor addressing CN's job reductions in the Winnipeg terminal
Subsequent to reducing these four permanent jobs, CN had moved the work that was assigned to them to Edmonton. Unifor Council 4000 contended that despite the Company having the right to reduce permanent positions in such cases (downturn in traffic that causes a slowdown in work), moving work from one seniority region to another - Prairie Region to Mountain Region - means that such change becomes an "Operational or Organizational change" pursuant to the terms of Article 8.1(a) of the Employment Security and Income Maintenance Agreement (ESIMA). The Union contends that the CN cannot move work from one seniority region to another without issuing a notice pursuant to Article 8.1(a) of the ESIMA.
The Union submitted a Step 3 grievance (pdf) in relation to these reductions, and also requested a meeting of the Labour Adjustment Committee (LAC) (pdf) as in accordance Article 2.1 of the ESIMA to discuss these changes.
We met with CN for an LAC meeting on October 1, 2015 in Winnipeg, whereas the Union asked pointedly if the work transferred from Winnipeg to Edmonton will be returned to Winnipeg at such time traffic picks up and the jobs are to be re-established. The Company advised, "no".
As a result of this, the Union asked that relocation opportunities be considered for qualified affected members, and that all Unifor members that are adversely affected by this change be provided with Employment Insurance top-up benefits if laid-off, as well as Maintenance of Basic Rates (Incumbency) as per Article 8.9 of the ESIMA, which states:
"Employees whose rate of pay is reduced by $11.00 or more per week, by reason of being displaced due to an Article 8.1 change, will continue to be paid at the basic weekly or hourly rate applicable to the position permanently held at the time of the change providing that, in the exercise of seniority, they;
(a) first accept the highest-rated position at their location to which their seniority and qualifications entitle them; or
(b) if no position is available at their seniority terminal , they accept the highest-rated position on their Basic Seniority Territory to which their seniority and qualifications entitle them.
The maintenance of basic rates will continue until:
(i) the dollar value of the incumbency above the prevailing job rate has been maintained for a period of three years, and thereafter until subsequent general wage increases applied on the basic rate of the position they are holding erase the incumbency differential; or
(ii) the employee's services are terminated by discharge, resignation, death or retirement.
Please read Article 8.9 of the ESIMA for more details (pdf).
We will continue to provide updates on this issue when new information becomes available.
Related:
August 30, 2015 - Update on CN's job reductions in Winnipeg
August 12, 2015 - Unifor addressing CN's job reductions in the Winnipeg terminal
