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MEMORANDUM OF AGREEMENT
BETWEEN
CANADIAN PACIFIC RAILWAY
EASTERN NETWORK
AND THE
CANADIAN COUNCIL OF OPERATING UNIONS
REPRESENTING
THE
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
DIVISION 295
AND
THE
UNITED TRANSPORTATION UNION
LOCAL 416
Consequent to our various discussions
and subsequent meeting held at both Toronto Yard and the
Spence Terminal facility on April 27, 2001 in regards to the
application of portions of the Spence Terminal Facility
Agreement, it is agreed:
1. In the application of
the 2.0(a), the reference to not being able to switch any
other customer(s) was included due to Managerial practices
and policies that were in place at the time this agreement
was originally negotiated. We have now mutually agreed that
the need to clarify certain portions of this agreement, most
specifically, what constitutes payment and when payment would
apply for performing work other than that related to the
Spence/Honda service requirements was in order.
2. It
is agreed that, any of the assignments headquartered at
Spence Terminal may switch or handle any traffic in the area
known as the “ALLISTON BACK TRACK(s) ”. This is to include
the servicing of any newly acquired customer that would be
located at the “ALLISTON BACK TRACK(s) ” as presently
designed, without the triggering of any form of extra
compensation as outline in Item 2.0(d) and 2.0(e).
3.
It is agreed that, cars handled specifically for the purpose
of servicing the operating requirements of the Spence
Pre-Trip Facility and/or Honda Alliston, and then rejected by
Honda or it’s contracted loading personal, or deemed to be
unsuitable by Honda or it’s contracted loading personal for
loading, due to logistics, such as, but not limited to, a
chain car in place of a chock equipped car, and said car(s)
is subsequently rejected/retagged, that this will not be
considered as "other than Honda traffic", and the penalty
payment referred to in Items 2.0(d) and Item 2.0(e) would not
apply.
4. It is agreed that, the Spence assignments
arriving at Lambton Yard who are required to double over a
portion of their train that does not fit into such yard
track, because such yard track is being of insufficient in
length to hold the entire train, in the event that a double
is required to yard the train, the appropriate cut of cars,
not just the overflow, will be doubled over, and, if in doing
so, the crew is required to tie onto equipment other than
Spence/Honda destined equipment, for any reason other than
CROR Rule compliance, that the payment WOULD apply.
5. Any future dispute concerning the interpretation,
application administration or alleged violation of this
Agreement may be dealt with under the provisions of the
grievance procedure of the parties Collective Agreement, or
with the concurrence of all parties involved, an expedited
“Grievance Resolution Process” may be instigated.
Signed at Toronto, this 27th day of April, 2001.
For Canadian Pacific
H.J.Morrison
Manager Road
Operations
Canadian Pacific Railway
Eastern Network
For the Council
D.B. Hiller
Local Chairperson
Local 416 District 3
United Transportation Union
R.F. Hewitt
Local Chairman
Division 295
Brotherhood of Locomotive Engineers
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