Unifor Council 4000 Layoffs at CN | Important info for members in the event of layoff or recall
May 13, 2016
The continuing down turn in freight rail traffic traffic, in addition to some 450 locomotives now in storage based on the current slowdown, CN has resorted to laying off several workers across Canada in all bargaining units and various job classifications, including Unifor Council 4000 members.
As of the date of this news posting, the current and most recent layoffs of Unifor Council 4000 members are as follows:
As of the date of this news posting, the current and most recent layoffs of Unifor Council 4000 members are as follows:
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Prince George, B.C. (Intermodal/Transload) - 4 laid off
Grande Prairie/Grande Cache, Alberta (CN SAR Conductors & Engineers) - 24 laid off Edmonton, Alberta (Intermodal) - 5 laid off Calgary, Alberta (Intermodal) - 7 laid off Saskatoon, Saskatchewan (Intermodal) - 6 laid off |
Winnipeg, Manitoba (Symington Diesel Shop) - 6 laid off
Winnipeg, Manitoba (Intermodal) - 2 laid off Winnipeg, Manitoba (Transcona Shops) - 6 laid off Brampton, Ontario (Intermodal Retail) - 2 laid off Montreal, Quebec (Intermodal) - 2 laid off |
The adverse affects of the Unifor Council 4000 Bargaining Unit as a result of the above noted layoffs, 64 in total at present, is somewhat misleading in the sense that in addition to the actual layoffs, CN has also not filled various permanent positions that have become vacant after members have either retired, resigned or have been discharged. Here are locations where CN has not back-filled permanent positions that have been become vacant:
In Melville, Saskatchewan, the Company has not filled two vacant Chauffeur positions, which the Union has submitted grievances. In Winnipeg there have been 7 vacant permanent positions in the E-Business and Transaction Centre that have not been filled for more than a year after members have retired from the Company.
The Union is also disputing some of the recent staffing adjustments being made by the Transportation Reporting Services (TRS) in Vancouver, Prince George, Edmonton and Winnipeg, where the Company is transferring work from one terminal to another, moves that the Union contends is in breach of Collective Agreement 5.1 and the Employment Security and Income Maintenance Agreement (ESIMA). The Union is completely frustrated by these recent actions in that we have addressed similar adjustments being made over the past three years, and each time the Company (specifically TRS) state that they were unaware that such changes violated any terms of the collective agreement or the ESIMA, and that they would refrain from making such moves in future. Notwithstanding these assertions, 'here we go again!'
It has been some time since we have experienced layoffs of this magnitude, particularly within the Company's Intermodal operations. Layoffs at Intermodal are occurring largely by the fact that Intermodal traffic coming from China is down significantly. That traffic enters the North American Market through the Port of Prince Rupert and runs through Western Canada and the terminals of Prince George, Edmonton, Calgary, Saskatoon and Winnipeg, at which point it runs east or south on the CN system.
For those Unifor Council 4000 members who have been laid off or may be laid off in the coming weeks - hopefully for just a short time - and when members are later subject to recall for employment at CN, below are the relevant rules regarding lay off and recall provisions that are applicable to Unifor Council 4000 members at CN under the relevant collective agreements:
- Prince George, B.C. (Intermodal/Transload) - 2 vacant positions not filled
- Edmonton, Alberta (Intermodal) - 2 vacant positions not filled
- Calgary, Alberta (Intermodal) - 1 vacant position not filled
- Winnipeg, Manitoba (Intermodal) - 4 vacant positions not filled
- Winnipeg, Manitoba (Transcona Shops) - 4 vacant positions not filled
- Moncton, New Brunswick (Intermodal Mechanic) - 1 vacant positions not filled
In Melville, Saskatchewan, the Company has not filled two vacant Chauffeur positions, which the Union has submitted grievances. In Winnipeg there have been 7 vacant permanent positions in the E-Business and Transaction Centre that have not been filled for more than a year after members have retired from the Company.
The Union is also disputing some of the recent staffing adjustments being made by the Transportation Reporting Services (TRS) in Vancouver, Prince George, Edmonton and Winnipeg, where the Company is transferring work from one terminal to another, moves that the Union contends is in breach of Collective Agreement 5.1 and the Employment Security and Income Maintenance Agreement (ESIMA). The Union is completely frustrated by these recent actions in that we have addressed similar adjustments being made over the past three years, and each time the Company (specifically TRS) state that they were unaware that such changes violated any terms of the collective agreement or the ESIMA, and that they would refrain from making such moves in future. Notwithstanding these assertions, 'here we go again!'
It has been some time since we have experienced layoffs of this magnitude, particularly within the Company's Intermodal operations. Layoffs at Intermodal are occurring largely by the fact that Intermodal traffic coming from China is down significantly. That traffic enters the North American Market through the Port of Prince Rupert and runs through Western Canada and the terminals of Prince George, Edmonton, Calgary, Saskatoon and Winnipeg, at which point it runs east or south on the CN system.
For those Unifor Council 4000 members who have been laid off or may be laid off in the coming weeks - hopefully for just a short time - and when members are later subject to recall for employment at CN, below are the relevant rules regarding lay off and recall provisions that are applicable to Unifor Council 4000 members at CN under the relevant collective agreements:
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Agreement 5.1
As in accordance Article 13.2 of Agreement 5.1, the Company has to provide 'four working days’ notice' to those members whose positions are being abolished. If a member has Tuesday-Wednesday rest days, and the notice is issued on a Monday, the Tuesday and Wednesday does not count in the four days. The position cannot be abolished until Sunday, which would be notice of 'four working days'. Once a member is displaced as a result of an Article 13.2 reduction or subsequent displacement as a result of such reductions, they are to displace a junior member in seniority on a permanent position for which they are qualified. If they cannot hold a permanent then they may displace an Article 12.6 temporary vacancy. In both cases, members have two working days from the date of receiving notification that their job was abolished or from the date of displacement to declare their choice to another position in their home terminal for which they will displace to. If a member wishes to displace outside their home terminal in another terminal on their region, then they have four working days’ notice to make a choice. If a member fails to make a choice within the two working days (home terminal) or four working days (outside of home terminal), then they will forfeit their seniority and their name is removed from the seniority list. Once a member makes their intention known of what job they will displace to within two working days of being advised, they have three working days from the date their position was actually abolished or from the actual date they were displaced, to start work on their new assignment at their home terminal, or five working days outside their home terminal. If those time lines are not adhered to, then members also forfeit their seniority in these circumstances. This as in accordance Article 13.4. If a member is unable to hold work on either a permanent or temporary position, they may elect to protect spare and relief work under Article 13.3(b). This is entirely at the discretion of the member. The Company cannot force you to protect spare and relief work. But please understand, if you do elect to protect spare and relief work, this option has serious consequences if you do not comply with the terms governing protecting ‘spare and relief work’ when laid-off. If you elect to protect spare and relief work, you must be available when called, for if you are called for spare or relief work and you refuse, or you do not keep abreast of positions that are advertised while you are laid-off protecting spare and relief work and fail to bid, you forfeit your seniority as per the terms of Article 13.5. If a member simply goes to lay off, then their name is placed on the regional laid-off list. As set out in Article 16.6 of Agreement 5.1, provided a member has the suitability and adaptability to perform the work, members required to exercise their seniority in accordance with Article 13 and who would otherwise be unable to hold work at their terminal will, upon request, be trained for the permanent position held by the junior employee at their (a) Own level of pay; or (b) Lower level of pay; or (c) Where an employee required to exercise their seniority in accordance with the above and is on a position at a lower level rate of pay than a level H position, they may displace up to a level H position inclusive. The Company does not require training a member in these cases for temporary vacancies that they can hold, only permanent. But it is worth trying. When members are laid-off, they must register their names, addresses and telephone numbers, in writing at time of layoff, with their immediate supervisory officer and their Union Local Chairperson. They must also advise, in writing, the proper officer of the Company and the Local Chairperson of any change of address and telephone number during the period of layoff. If you fail to comply with either of these requirements, members will forfeit their seniority and their names shall be removed from the seniority list. 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)
As in accordance Article 15.2 of the Agreement 5.1 Supplemental (Intermodal Agreement), the Company has to provide 'four working days’ notice' to those members whose positions are being abolished. If a member has Tuesday-Wednesday rest days, and the notice is issued on a Monday, the Tuesday and Wednesday does not count in the four days. The position cannot be abolished until Sunday, which would be notice of 'four working days'. Once a member is displaced as a result of an Article 15.2 reduction or subsequent displacement as a result of such reductions, they are to displace a junior member in seniority on a permanent position for which they are qualified. If they cannot hold a permanent then they may displace on a temporary vacancy. In both cases, members must make their declaration and assume the new position that they displace to within three calendar days from the date of receiving notification that their job was abolished or from the date of displacement. If a member wishes to displace outside their home terminal in another location on the region, then they have 10 calendar days’ to make a choice. If a member fails to make a choice within the three calendar days (home terminal) or 10 calendar days (outside of home terminal), then they will forfeit their seniority and their name is removed from the seniority list. If a member is unable to hold work on either a permanent or temporary position, they may elect to protect part time work, if such work exists. As the Supplemental Agreement contemplates that employees will be qualified on all positions within CN’s Intermodal operations (Article 9.1), save the exception of Lead Hand and repair and maintenance positions (Mechanics), and that the Company is to have a “Maintenance of Qualifications Program”, if a member who is laid off cannot hold work due to a lack of qualifications, members are encouraged to request training When members are laid-off, they must register their names, addresses and telephone numbers, in writing at time of layoff, with their immediate supervisory officer and their Union Local Chairperson. They must also advise, in writing, the proper officer of the Company and the Local Chairperson of any change of address and telephone number during the period of layoff. If you fail to comply with either of these requirements, members will forfeit their seniority and their names shall be removed from the seniority list. 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
As in accordance Article 22.01 of the Unifor – CN Savage Alberta Railway Collective Agreement, when staff is reduced, such reductions of employees is to be administered in reverse seniority order commencing at the junior member working at the station where the reductions occur. In instances of unforeseen and/or unexpected staff reduction of less than 30 calendar day’s duration, three days advance notice is to be provided in writing to members directly affected, as well as a copy to the Union’s Local Chairperson of the Union as in accordance Article 22.02 of the collective agreement. As by Article 22.03, in instances of foreseen staff reductions which is expected to last more than 30 calendar days duration, five days advance notice is to be provided in writing to members directly affected, as well as a copy to the Union’s Local Chairperson of the Union as in accordance Article 22.02 of the collective agreement. Members whose assignments are abolished or who are subsequently displaced from their regular assignments as a result of such reductions will be placed in accordance with their preference sheets submitted pursuant with Article 19 of the collective agreement at their home station and will be required to assume their new assignments as soon as practicable. If unable to hold work at their home station, members may, within five calendar days from the date of abolishment or displacement, exercise their seniority to another home station displacing a junior member, or may elect lay-off at their home station. They will be required to revise their preference sheets accordingly. Members who exercise their seniority to another location will maintain their home station and recall rights to the station from which displaced. If they decline to return to their home station at the first opportunity on recall, they will establish the new location as their home station, as in accordance Article 22.05. When members are laid-off, they must register their names, addresses and telephone numbers, in writing at time of layoff, with their immediate supervisory officer and their Union Local Chairperson. They must also advise, in writing, the proper officer of the Company and the Local Chairperson of any change of address and telephone number during the period of layoff. It is very important that members comply with these provisions - Article 22.07 of the collective 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. |
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.
While the Union acknowledges the fact that there is presently a downturn in traffic, we must all remain vigilant in protecting our work. Consequently, your Unifor Council 4000 and Local leadership (Locals 4001, 4002, 4003, 4004 and 4005) is kindly asking that members report to their Local Chairperson or Regional Representative any situations where they see CN contracting out your work, or situations where supervisors or managers are performing Unifor bargaining unit work. Please include as much detail as possible. Also, please advise if the Company is relying on overtime to complete work on a regular basis while we have members on lay off.
As of this date, there have been no reported layoffs of Unifor Council 4000 members governed under Collective Agreement 5.4 or the Unifor CNTL Collective Agreement.
We will continue to keep our membership apprised of any subsequent layoffs or recall of members of Unifor Council 4000.
Related:
May 13, 2016 Unifor Council 4000 negotiates special terms to minimize adverse effects on Winnipeg CN membership - Relocation of CN Public Affairs positions from Winnipeg to Montreal
While the Union acknowledges the fact that there is presently a downturn in traffic, we must all remain vigilant in protecting our work. Consequently, your Unifor Council 4000 and Local leadership (Locals 4001, 4002, 4003, 4004 and 4005) is kindly asking that members report to their Local Chairperson or Regional Representative any situations where they see CN contracting out your work, or situations where supervisors or managers are performing Unifor bargaining unit work. Please include as much detail as possible. Also, please advise if the Company is relying on overtime to complete work on a regular basis while we have members on lay off.
As of this date, there have been no reported layoffs of Unifor Council 4000 members governed under Collective Agreement 5.4 or the Unifor CNTL Collective Agreement.
We will continue to keep our membership apprised of any subsequent layoffs or recall of members of Unifor Council 4000.
Related:
May 13, 2016 Unifor Council 4000 negotiates special terms to minimize adverse effects on Winnipeg CN membership - Relocation of CN Public Affairs positions from Winnipeg to Montreal
