LETTER OF UNDERSTANDING
BETWEEN
ST. LAWRENCE & HUDSON RAILWAY
(TORONTO)
(CANADIAN PACIFIC LTD)
AND THE
CANADIAN COUNCIL OF OPERATING UNIONS
REPRESENTING
THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
DIVISION 295
AND THE
UNITED TRANSPORTATION UNION
LOCAL 416

February 12, 2002

Mr.G.S.Nelson
Canadian Pacific Railway
Manager Road Operations
Southern Ontario Service Area
Toronto Yard


Dears Sir,

This is in regards to our meeting held in your office at Toronto Yard, February 5, 2002, and the resolve of the recent incorrect administration and interpretation of the Spence Agreement, as it relates to the assignments Toronto – Spence Terminal limits, daily job functions, and what triggers the penalty payment outlined in Item 2.0 (e).

It was agreed that, the absolute signal located at mile 10.0 Galt Subdivision, will define the westward limit of the area referenced as “Toronto Terminal” in 2.0(e) and upon exceeding this location/mileage, that the payment will apply, irrespective of the equipment handled.

It was agreed that, when mainline tracks are used to yard a Honda assignment train and it is clear at headend and tailend in order to allow access for switching requirements it will be considered yarded, and, that the Spence/Honda assigned crews will now be considered as yarded, they may then be required to perform further switching, but, only in direct connection with their own inbound train. This reference to switching does not constitute the doubling over of headend traffic into Lambton Yard. Work performed after yarded will trigger the application of 2.0(e).

It was agreed that, claims could be submitted under the HO claim code to facilitate timely and correct payment of bona fide claims. The present practice of utilizing the IP claim code may still be used. The choice is up to the individual employee submitting the claim with the understanding that that they are open to audit and claw back if found to be ineligible to such claim.

It was agreed that, all IP claims, declined by the improper application of the Spence Agreement by the Auditor and those that are being held in abeyance pending the outcome of this meeting, will be honored, retroactively, and that the affected employee’s will be submitting such claims.

If you concur with this capsulation of our meeting, would you please indicate as such in the space provided and retain one (1) copy for your records and return the other two (2) copies for the Council’s files.


Sincerely,



Robert F Hewitt
LC 295

I concur



-------------------------
G.S.Nelson
Manager Road Operations
Canadian Pacific Railway
SOSA - Toronto Yard

c.c.
D.B. Hiller
Local Chairperson
Local 416 District 3
UTU