CN begins to recall some members in various parts of Canada
August 29, 2016
Over the past couple of weeks, CN has begun to start recalling some laid-off members of Unifor Council 4000 at locations across Canada.
For those members recalled, below are the applicable rules for Unifor Council 4000 members under the relevant collective agreements. This outlines what members' rights and obligations are when being recalled to CN.
For those members recalled, below are the applicable rules for Unifor Council 4000 members under the relevant collective agreements. This outlines what members' rights and obligations are when being recalled to CN.
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Agreement 5.1
Recall works as explained in Articles 13.11, 13.13, 13.14 and 13.15 of Agreement 5.1. Recall is done in seniority order of laid-off members on positions that members are qualified to work. If you are recalled to work and the Company cannot guarantee in excess of 30 calendar days work, you do not have to accept recall. The Company solicits members in seniority order. If everyone refuses recall based on the work not exceeding 30 days, then the 'senior may-junior must principle' is applied, meaning they start from the top of the seniority list and once they hit the bottom, they work from the bottom up. If the most junior members refuse, they forfeit their seniority and the Company continues going up the list (reverse seniority order) until somebody accepts. Laid-off members who fail to report for duty or to give a satisfactory reason for not doing so when recalled, within two calendar days from date of notification, will forfeit their seniority and their services will be dispensed with. |
Agreement 5.1 Supplemental (Intermodal)
Recall works as explained in Articles 16.2, 16.3, 16.4 and 16.5 of the Supplemental Agreement. Recall is done in seniority order of laid-off members on positions that members are qualified to work. If you are recalled to work and the Company cannot guarantee in excess of 30 calendar days work, you do not have to accept recall. The Company solicits members in seniority order. If everyone refuses recall based on the work not exceeding 30 days, then the 'senior may-junior must principle' is applied, meaning they start from the top of the seniority list and once they hit the bottom, they work from the bottom up. If the most junior members refuse, they forfeit their seniority and the Company continues going up the list (reverse seniority order) until somebody accepts. Laid-off members who fail to report for duty or to give a satisfactory reason for not doing so when recalled, within 10 calendar days from date of notification (the date contacted by telephone or the date notification is mailed), will forfeit their seniority and their services will be dispensed with. |
CN Savage Alberta Railway Agreement
Laid-off members will be recalled to service in seniority order at such time a vacancy posted pursuant to Article 19.08 remains unfilled after having been bulletined. Members will be notified by telephone at the last number on record with the Company, hence why it is important to comply with the terms of Article 22.07. When a member cannot be contacted by telephone, the Company will send them a registered letter where members will have two calendar days upon receipt of notification of recall to contact the Company to determine if the work opportunity is still available. If employees do not contact the Company, they will forfeit their seniority and their name will be removed from the seniority list. Laid-off members subject to recall will not be required to report for duty providing that it is definitely known that the duration of the work will not exceed 30 calendar days and another junior qualified member is available. Laid-off members who are contacted and fail to report for duty or give satisfactory reason for not doing so within 7 calendar days from the date they were notified will forfeit their seniority and their name will be removed from the seniority list. |
Should any CN member be unable to report for duty when they are recalled, it is important that they give a satisfactory reason for not doing so, as stipulated in the above collective agreements, or they forfeit their seniority and their employment ceases with CN.
If members have any additional questions or concerns with respect to the above collective agreement provisions, please contact your Local Chairperson or Regional Representative in your respective work locations or region.
Related:
May 13, 2016 Lay offs of Unifor Council 4000 members at CN
If members have any additional questions or concerns with respect to the above collective agreement provisions, please contact your Local Chairperson or Regional Representative in your respective work locations or region.
Related:
May 13, 2016 Lay offs of Unifor Council 4000 members at CN
