CANADIAN PACIFIC LIMITED
ON BEHALF OF THE
EMPLOYED ON THE
TORONTO DIVISION OF C.P.RAIL
REVISED: Toronto, September 21, 2000
MEMORANDUM OF UNDERSTANDING BETWEEN SUPERINTENDENT,
TORONTO DIVISION CP RAIL AND LOCAL CHAIRMAN,
BROTHERHOOD OF LOCOMOTIVE ENGINEERS,
DIVISION 295 ON BEHALF OF LOCOMOTIVE ENGINEERS EMPLOYED
ON THE TORONTO DIVISION
A. A regular assigned Engineer or an Engineer who is filling in on a vacancy as provided by Ontario District Rule 21, or a spare Engineer who has been called for a vacancy under Rule 21, who, have worked the morning tour of duty, will not be displaced from the afternoon tour of duty by an Engineer exercising their seniority.
B. Spare Engineers who are called for either a morning tour of duty or an afternoon tour of duty (one half day) be made first out on the spareboard after any rest booked by them providing such rest is not less than five hours nor more than eight hours.
It is understood that CP Rail will not incur any additional expense in carrying out this understanding.
This Agreement may be cancelled or revised upon thirty (30) days notice by either party to the Agreement.
Signed at Toronto May 21, 1968
C.E. Minto R.J.Flint
Superintendent, Local Chairman
Toronto Division B.of L.E.
CP Rail Division 295
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT BETWEEN CANADIAN PACIFIC LIMITED AND THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS RELATING TO ITEM 4 C (III) OF THE MEMORANDUM OF AGREEMENT BETWEEN CANADIAN PACIFIC LIMITED AND THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS GOVERNING THE MANNING OF GOVERNMENT OF ONTARIO COMMUTER TRAIN SERVICE BETWEEN MILTON AND TORONTO, DATED JULY 29, 1981.
1) It is agreed that this understanding will apply to GO Commuter Trains while operating between Toronto Union Station and Milton, the last station where time is shown, only and will serve to clarify “Signal Failure”, terminology contained in Item 4 C (iii).
2) Notwithstanding the requirements of Item 4 C first paragraph a basis for payment shall exist when C.R.O.R. Rule 429 indication is displayed as a result of one of the following occurrences:
a) Equipment malfunction as a result of burnt contacts, open coils of relays, loss of or poor power supplies and broken wires.
b) Damage to office or field equipment as a result of weather conditions, i.e. lightning, severe cold or frost.
c) Improper adjustment or loose connections.
3. Payment – When as a result of any of the circumstances described above train arrival at the station where time is lost shown is over fifteen (15) minutes late the crew will be paid on the minute basis (each three (3) minutes to count as (1) mile for time\in excess of fifteen (15) minutes.
4. The provisions of this Memorandum of Agreement may be revised upon ninety (90) days written request from either party to the other.
For the Brotherhood For Canadian Pacific
of Locomotive Engineers Limited
Gary Wynne G.A.Swanson
General Chairman General Manager
BLE Operations & Maintenance
TORONTO, January 30, 1996 FILE: $HLG6734
CCROU – BLE
43 Marilyn Cres
Box 1, R.R.#2
This has reference to your meeting with R.J.Pelland, Manager Operations on December 24, 1995 dealing with GO outstanding claims and interpretation of GO Article 4 C (iii), Signal Failures.
Agreement was reached to process payment for outstanding wage claims for 1995 based on the following interpretation of article 4 C.
An assignment is “mixed”(4C) when the original train consist is altered in some manner. For example, although no limited to, a locomotive failure on route for one train neccesitates coupling two consists together in order to continue the trip. If the delay is one hour or less, the Engineers will be paid a minimum of one hour or miles run if more, as per Agreement
4 C (a-b).
An assignment is “changed” when the train has a non-scheduled stop(s) to entrain or detrain passengers or the normal routing is changed. For example, the regularly assigned crew is required to stop at Milton to entrain/detrain passengers where normally this train is not scheduled to stop at this location. Another may be a regular assigned crew operating a “Skydome” train and stopping at Skydome to entrain/detrain passengers. Routing may be changed to operate on the Canpa Subdivision instead of the Galt in certain situation. Again, Payment as provided for in Article 4 C (a-b).
In order for payment to apply, there must be a delay as a result of the assignment becoming mixed or changed as per above interpretation.
In respect of the GO Memorandum of Agreement dealing with Article 4 C (iii), signal failures, we agreed that the definition of Signal Failure was clearly outlined in 2 (a,b,c)i.e. signal equipment malfunction, damage due to weather conditions, burnt contacts, improper equipment adjustment ect.
Third party incidents such as vehicles breaking level road crossing gates with the resultant operating requirements (CROR 429) were not to be included in interpretation of this Article for payment. Power switches rendered ineffective account of snow and delaying train would be included in additional payment. If the equipment was damaged, i.e. broken light, signal box damaged by lightning, ect. then there would also be payment as per Agreement.
In this respect, the RTC will advise the Engineers the specific reason for the signal delay so that wage claims can be appropriately submitted.
Wage payment for Signal Failures is outlined in the memorandum of Agreement with payment after 15 minutes on the minute basis. The assignment does not have to be “mixed” or “changed” in order for payment to apply.
Should this interpretation letter meet with your approval, please sign the bottom portion and return to the undersigned.
Tom F. Waver
Ontario South Division
Robert F Hewitt
MEMORANDUM OF AGREEMENT BETWEEN CANADIAN PACIFIC LIMITED
AND THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS ON BEHALF OF
LOCOMOTIVE ENGINEERS EMPLOYED ON THE TORONTO DIVISION
A) HAMILTON SUBDIVISION
1) All unassigned work, except work trains, originating at Toronto, will be protected by pool Engineers, this will include sections of passenger trains, extra passenger trains and piloting.
2) Engineers called in TCS service from the Toronto Hamilton Pool will establish their turn order in the Hamilton Pool according to the OMTS arrival time at Toronto if, the Engineer deadheads to the away from home terminal and works back. In the event the Engineer is called in TCS service on the South Pool works to the away from home terminal and deadheads back, their turn will be established at Toronto by their off duty time at Toronto.
3) Pool Engineers laying off, will be replaced by spare Engineers, pool Engineers to go back on the list on the return of the spare Engineer, or at the expiration of twenty-four (24) hours from the time the Engineer booked off with the crew clerk. In the event a pool Engineer is off for more that one (1) trip, they will book on at the bottom of the list if the spare Engineer is out in their turn. If their turn is in, they will reclaim their turn on the list. One trip will mean one (1) complete trip, or twenty-four hours.
4) Hamilton pool Engineers will not be called for work on other subdivisions or yards, except in case of emergency. If a pool Engineer is called in case of emergency, they will be given their turn first out on the list, after any rest booked by them, providing such rest is not less than five (5) hours and not more than eight (8) hours.
5) When two Engineers are ordered for the same time, one for passenger and one for freight, the first Engineer out will be called for passenger and the second for freight. In the event an Engineer is called for deadheading, the first Engineer out will deadhead.
6) If for any reason a Hamilton Pool Engineer does not reach the OMTS Point and is returned to their originating station, they will be placed fist out on the pool at that location, after any rest booked, providing such rest is not less than five hours nor more than eight hours.
This provision not to be negatively affected by government legislation or regulations.
7) Any tour of duty or an intermediate point on the C.N.Oakville Subdivision ( enter the home or any from home terminal), is to be considered a short turn, and an Engineer so affected is to be placed first out on that pool after any rest booked, providing such rest is not less than five hours nor less than eight hours.
This provision not to be negatively affected by government legislation or regulations.
B) EAST POOL
1. East Pool Engineers will be governed by the run-through agreement and will not be called off of the Belleville Subdivision.
2. Pool Engineers lay off, will be replaced by spare Engineers, pool Engineer to go back on the pool list on the return of the spare Engineer, or at the expiration of not less than twenty-four (24) hours, from the time he booked off with the crew clerk. In the event a pool Engineer is off for more that one trip, they will book back on at the bottom of the list if the spare Engineer is out in their turn. If their turn is in, they will reclaim their turn on the list. One trip will mean one (1) complete trip or twenty-four (24) hours.
3. A run-through pool Engineer booking leave, i.e. Local Rule (2) governing run-through service, may claim their original turn if it is still in after the twenty-four (24) hour waiting period.
4. When a Toronto run-through Pool Engineer’s call has been changed as provided by Article 3.04, (having call changed from straightaway or turnaround, due to being relieved enroute or otherwise,) or for any reason they do not complete their run-through trip, except when cancelled prior to leaving the shop track, and providing the miles generated by CMA tie up screen, inclusive of all arbitrary claims, excluding c-only premiums, do not exceed 186, they will be placed first out on the pool list, after the expiration of eight (8) hours rest. If more than eight (8) hours rest is required, they will be placed at the foot of the list. If they are cancelled prior to leaving the shop track, they will retain their pool turn.
5. An Engineer in run-through service between Toronto and Smiths Falls, that has been passed by another Engineer from their home terminal, will hold their original turn at the objective terminal, or on their return to their home terminal, if the rest rule prevents them from securing their turn at the away from home terminal. The Engineer must inform the crew clerk on arrival.
6. All run-through operations between Toronto and Smiths Falls, will be protected by pool Engineers, this will include sections of passenger trains, extra passenger trains, and piloting.
“Note”, all unassigned work on the Belleville Subdivision not exceeding
186 track miles, (Trenton and return), will be protected by spare
7. When two Engineers are ordered for the same time, one for passenger, and one for freight, the first out Engineer will be called for passenger, and the second for freight. In the event an Engineer is called for deadheading, the first Engineer out will deadhead, subject to the provisions of the run-through agreement.
8. Pool Engineers off for miles, will be placed in their turn at 0001 hour at the beginning of their mileage period. If their turn is out, they will be placed at the foot of the list.
C) NORTH POOL
1. All unassigned work, except work trains, snow plows and trains to service Honda Alliston, originating at Toronto, will be protected by pool Engineers, this will include sections of passenger trains, extra passenger trains and piloting.
2. When a North Pool Engineer’s call has been changed as provided by Article 3.04, of the Collective Agreement, (having the call changed from straightaway or turnaround, due to being relived enroute or otherwise) or for any reason they do not complete their trip, except when cancelled prior to leaving the shop track, and providing the miles generated by CMA tie up screen, inclusive of all arbitrary claims, exclusive of c-only premiums, do not exceed 110, they will be placed first out on the pool list. If more than eight (8) hours rest is required, they will be placed at the foot of the list. If they are cancelled prior to leaving the shop track, they will retain their pool turn.
3. A pool Engineer called for a short trip, will not be required to make another such trip, until they have completed a normal trip, except in case of emergency.
4. North Pool Engineers will not be called for work on other subdivision or yards, except in case of emergency, If a Pool Engineer is called in case of emergency, they will be given their turn first out on the pool list, after any rest booked by them, providing such rest is not less than five (5) hours and not more than eight (8) hours.
5. Pool Engineers will receive a one (1) hour thirty (30) minutes call for southward trains out off Mactier.
6. Pool Engineers laying off, will be replaced by spare Engineers, pool Engineers to go back on the list on return of the spare Engineer, or at the expiration of not less than twenty-four (24) hours from the time they booked off with the crew clerk. In the event a pool Engineer is off for more than one (1) trip, they will be booked on at the bottom of the list if the spare Engineer is out in their turn. If their turn is in, they will reclaim their turn on the list. One trip will mean one (1) complete trip or twenty-four (24) hours.
7. When two Engineers are ordered for the same time, one for passenger and one for freight, the first Engineer out will be called for passenger and the second for freight. In the event of an Engineer being called deadheading, the first Engineer out will deadhead.
8. Pool Engineers off for miles, will be placed in their turn at 0001 hours at the beginning of their mileage period. If their turn is out, they will be placed at the foot of the pool list.
9. Pool Engineers will be run first in, first out.
10. Mactier Pool Engineers may be called out of Mactier for snow plow and work train service on a one (1) day basis only.
11. An Engineer in service on the Mactier Subdivision that has passed by another Engineer enroute will hold their original turn at the objective terminal or, on return to their home terminal if unable to secure their turn at the away from home terminal. This rule is applicable to through freight crews only between Toronto and Mactier and does not include trains to Orangeville. Engineers must advise crew clerk on arrival in order to regain their original turn.
12. When a pool Engineer in service on the Mactier Subdivision is used in short turn-around service at Mactier, their away from home terminal, they shall at the end of their day in such service be made first out in the pool, regardless of time consumed or miles run. If rest is required, they will be allowed to book five hours rest. If more than five hours rest is required, they will be placed at the foot of the list.
D) TORONTO TERMINALS
1. An Engineers Spareboard will maintained at Toronto, and will work – first in, first out, in accordance with Ontario District Rules.
2. The order of calling will be as follows: 1. Passenger; 2. Through- freight; 3. Roadswitcher; 4. Wayfreight; 5. assist; 6. Yard.
3. Engineers will be given a 2½ call for all mainline and yard assignments.
4. Engineers called to protect assignments at Oakville, Oshawa or Spence will be given a three (3) hour call from the commencement of the assignment.
5. Transportation to and from all outside points will be provided by the company. When normal transportation facilities are not available, and when an Engineer has agreed to use their personal automobile, they will be paid and allowance in accordance with the provisions of Article 5.02.2 of the Collective Agreement.
6. Engineers returning from outside points when deadheading is not paid for, will be given their turn from the time off duty at the outside point. If deadheading is paid for, spare Engineer must allow 1 hour for each 20 miles of deadheading payment before booking on.
7. Spare Engineers booking off in the Terminal, will be allowed two (2) hours in which to book back with the CMC from the time relieved from service. After the expiration of two (2) hours, they will be given their turn from the actual time of booking back.
8. A spare Engineer obtaining a leave of absence will be placed on the bottom of the list after twelve (12) hours, or when ready for duty, but an Engineer booking off when called will be placed on the bottom of the list behind the Engineer who accepted the call, except that an Engineer booking off when called for a pool vacancy may be placed on the bottom of the list after twelve (12) hours.
9. An Engineer missing a call will be placed on the bottom of the list after twelve (12) hours.
10. The order of calling for yard assignments will be as follows: 1. Pulldown; 2. Toronto Yard Diesel Shop; 3. General Yard office; 4. Lambton Yard office; 5. Obico.
11. A spare Engineer off for miles will be placed on the bottom of the list at 0001 at the beginning of their mileage period. Pool Engineers will be placed in their turn at 0001 hours, at the beginning of their mileage period. If their turn is out, they will be placed at the bottom of the list.
12. At outside points, where temporary vacancies occur, the Engineer first out on the spareboard will be sent for the first seven (7) days. The spare Engineer required to cover the assignment may request relief after the first seven (7) days and, in that event, the junior spare Engineer will be sent to cover the assignment.
13. At outside points where permanent or annual vacation vacancies occur, the junior spare Engineer will be sent to cover the assignment, unless a senior Engineer applies. In the event of a set up, or an Engineer junior to them becoming available, the Engineer who was originally sent, will complete the week at the outside point and may request the junior Engineer for the next seven (7) days.
14. Spare Engineers called to relieve at outside points for a specific or stated number of days, will protect the assignment for the number of days stated only. Thereafter, the regularly assigned Engineer must protect their own assignment. When the length of time is not specified, spare Engineers will protect until the regular assigned Engineer returns to duty. The assigned Engineer must book OK for duty on or before the arrival time of the assignment, to permit the reliving Engineer to deadhead home on completion of shift or tour of duty. The last sentence of this Rule does not apply to Oshawa or Oakville.
15. When more than one Engineer is required to relive at outside points, and provided both Engineers are ordered and advised to protect at the same time, the senior Engineer will have job preference.
16. When a spare Engineer is required to protect yard vacancies at outside points, they will be permitted to work the spareboard on their assigned days off, with the understanding that they must protect the outside assignment on completion of their days off.
17. A spare Engineer will not be permitted to hold a temporary vacancy if their turn is required to protect an out of town assignment.
18. All unassigned service will start and finish at Toronto yard.
19. If a vacancy occurs in the YARD, it may be taken the first by the senior Engineer applying, who must submit an application for same, if they are not the successful applicant, they will be returned to their former job or run. A yard job will not be considered as a permanent vacancy until advertised as such.
20. Permanent pool vacancies will be filled by the senior Engineer who has filed an application with the CMC. All other permanent vacancies occurring in main line service will be protected by spare Engineers on a first in first out basis for the first seven (7) days, after which the senior engineer from any class of service may take the job providing they submit an application for same. If they are not the successful applicant, they will be returned to their former job or run.
21. An Engineer booking on a permanent assignment, must apply for same. Failure to do so, will result in their having been awarded the job if there are no other applications. In the event they do not bid in accordance with this Rule, and an Engineer junior to them is shown as the successful applicant, they will be awarded the spareboard.
22. A displaced Engineer may take any assignment his seniority entitles them to, and may take any job under “AD”, providing they submit an application for same. If they are not the senior successful applicant, they will again be considered a displaced Engineer.
23. A displaced Engineer will not be permitted to work a temporary vacancy until they have first established themselves on an assignment, pool, or spareboard. They may establish themselves by claiming a job and may then exercise their seniority to a temporary vacancy, but only as provided for under Ontario District Rule 21.
24. The CMC must record the date an Engineer is displaced, and the job they have claimed. The Engineer should ensure that their seniority is protected in this manner.
25. The provisions of Ontario District Rule 21 will apply to the assignment actually owned by an Engineer, and any vacancy created by them, other than their own annual vacation, must go to the spareboard for the first seven (7) days.
26. An Engineer who is placed on a vacant yard assignment in accordance with the provisions of the Collective Agreement, Article 4.14 will be allowed to hold same and cannot be displaced by anyone other than a displaced Engineer.
27. Spare Engineers will protect all unassigned work trains originating at Toronto on a first in first out basis. Spare Engineers must accept this work, and will not be permitted to request that a junior Engineer fill the position. Engineers in pool, roadswitcher, way-freight or passenger service will not have the right to book on any unassigned work train originating at Toronto.
28. When for any reason a regularly assigned, or pool Engineer requires relief, it will be supplied from the Engineers spareboard, except in cases of emergency, when it would not be possible to deadhead a spare Engineer to the point where relief is required.
29. If necessary to call a regular pool Engineer out of their turn when the Engineers spareboard is depleted, pools will not be closed. Should a regular pool Engineer be called for other than their own assignment, THAT POOL will remain closed for a period of five (5) hours from the calling time.
30. All unassigned work on the Belleville Subdivision not exceeding 186 track miles (Trenton and return) will be protected by spare Engineers.
31. In the exercise of seniority, an Engineer must displace the junior Engineer in any pool or chain runs.
32. An Engineer will be entitled to hold their turn on the list, providing they does not book more that twenty-four (24) hours rest.
33. Spare Engineers working out of Toronto, will be given thirty (30) days in which to learn all roads out of Toronto Terminals. If an Engineer claims they do not know the road for which they are called, they will be held out of service until the Engineer who accepts the call returns, and will be placed on the list behind them.
34. Local applications for the East, North, Hamilton and Spareboard are to be renewed at every General Advertisement of Assignments.
35. All permanent vacancies will not be considered permanent until advertised as such.
36. A crew is to be called in an emergency situation, the nearest and most available crew may be used, thereafter it becomes a work or wreck train, and when relief is required, and during subsequent clean up operations, spare Engineers are to be used.
37. MILEAGE PERIODS ARE:
A – F 28TH TO 27TH
G – M 9TH TO 8TH
N – Z 19TH TO 18TH
E) SUPPLEMENTAL RULES
1. The Local Chairman or their representative, and Legislative Rep. required to attend Company offices for investigations, meetings, or other Union duties may hold their turn first out but only for a period of eight (8) hours after the termination of the meeting.
2. The President, Local Chairman, Secretary-Treasurer and Legislative Rep. may hold their turn first out, to attend Division meetings but that turn may only be held for a period of eight (8) hours after the meeting has terminated.
3. That when the President, Secretary-Treasurer or Local Chairman of Division 295 must loose turns on any pool or spareboard to attend on the list of the Engineer who worked their turn upon arrival of the officer at their home terminal. They shall be permitted to book eight (8) hours rest at the home terminal and pick up their turn on successive trips until such time as they have re-established themselves to their original turn. The officer concerned must notify the CMC upon their arrival to regain their turn.
4. The Local Chairman and Vice Local Chairmen of Division 295 will take annual vacation in accordance with the Collective Agreement but may arrange such vacation at times which do not conflict with the duties of office.
5. The Local Chairman or acting Local Chairman of Division 295 will not be required to accept out of town assignments other that normal road trips.
6. In the event the Local Chairman of Division 295 is on annual vacation, or leave of absence, he will appoint a member of the grievance committee to assume the duties of office and will arrange to advise company officers, CMC and the membership.
7. The provisions of these supplemental Rules apply to any Locomotive Engineer who is holding office in the UTU.
It is understood that the application of the above Local Rules will not subject the Company to any additional expense.
These Local Rules are effective immediately and may be cancelled upon thirty days written notice by either party signatory hereto.
Signed at Toronto, October 17, 1980
For the company: For the Brotherhood
Superintendent Local Chairman
Toronto Division Division 295
DEADHEAD TO OUTSIDE POINTS, TORONTO DIVISION, 1, OAKVILLE, 2. OSHAWA,
3. HAVELOCK INCLUDING PETERBOROUGH
Where a new assignment is created or a permanent vacancy (or annual vacation) occurs at the above-named terminals and a protected Engineer who owns an assignment at such terminal exercises his seniority to such vacancy on the first day assignment works, the spare man called to protect vacant assignment created by the regular man at that point will be paid deadhead according to the Collective Agreement. This applies to the first spare man only when vacancy occurs and the last man on completion of the vacancy.
The following agreement will govern the deadheading of Toronto spare Engineers, required to relieve at outside points.
1. Engineers authorized to use their personal automobile will be reimbursed for the kilometers driven, in accordance with the Collective Agreement and Ontario District Rules.
2. “GO” train tickets will be provided to deadhead to Oakville or Oshawa, and will be available from the RTC’s Office at Toronto
3. When necessary, transportation will be provided between Toronto Yard and Guildwood Station, between Oakville Station and Oakville Yard, and between Oshawa Yard Office and “GO” service bus stop at Oshawa.
4. Arrangements will be made for transportation to Toronto from Oakville, for spare Engineers who, as a result of job requirements, (overtime), have missed “GO” connection to Toronto.
5. Spare Engineers may elect to use their personal automobile and claim actual mile, car allowance as follows:
TORONTO TO HAVELOCK 160KLMS
TORONTO TO OAKVILLE 56KLMS
TORONTO TO OSHAWA 40KLMS
TORONTO TO SPENCE 110KLMS
TORONTO TO MILTON 58KLMS
6. Spare Engineers relieving at Oakville or Oshawa will be able to claim car mileage on a daily basis.
7. Engineers entitled to payment for deadheading to Oakville Yard or Oshawa, will be paid 50 miles at minimum passenger rates.
8. Engineers required to relieve at Havelock, will be ordered to deadhead. Spare Engineers may elect to drive their personal automobile, and claim car allowance Toronto Yard to Havelock, in accordance with the Collective Agreement and Ontario District Rules. they will so advise the CMC.
9. Spare Engineers relieving at Havelock, who cannot make train connections on Saturday to return to Toronto for the weekend, will be supplied with a round trip bus ticket at Havelock. Transportation from Havelock to the bus terminal will be arranged by the Company. Engineers who have elected to drive, may claim 100 miles car allowance for the round trip, Havelock to Toronto return, in accordance with the Collective Agreement.
For the Company
Superintendent Local Chairman
Toronto Division Division 295
Toronto, June 12, 1980
MEMORANDUM OF AGREEMENT
ST.LAWRENCE &HUDSON RAILWAY
(CANADIAN PACIFIC LTD)
CANADIAN COUNCIL of OPERATING UNIONS
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
UNITED TRANSPORTATION UNION
The parties agree that effective the signatory date of this AGREEMENT,
that with the creation and subsequent opening of the Spence Pre-Tripping Facility mileage 41.6 Mactier Subdivision, the following terms and conditions will apply and will supercede the present day Letters of Understanding dated June 12, 1996, and the Second Emery Extension Letter, dated August 17, 1987.
2.0 COVERAGE/ TERMS AND CONDITIONS
EXTENSION OF SOUTHWARD LIMITS
Further to our discussion held on December 17th, 1999 at Toronto Yard with the creation of the Spence Facility, it was agreed that the assignments presently known as the “ Alliston Roadswitcher/Honda Assignments ” will be abolished and renamed, “ Spence Roadswitcher/Honda Assignments ”. It was further agreed that, these assignments will have new limits, which will be as follows;
a) The assignments that operate exclusively out of Spence for the purpose of servicing Honda and the requirements of the Spence pre-tripping facility, will have limits extending from Mile 55 and with this agreement, extend to Mile 0.2 Mactier subdivision, and will handle only traffic destined to Spence. They will not be required to switch any other customer(s) regardless of circumstance. These assignments may switch the siding tracks at Alliston and if necessary, be utilized for the staging of, or shuttling of, Spence/Honda equipment, between Spence and Ypres siding, but will be used primarily for the pre-tripping and spotting requirements at both Spence and the Loading Facility at Honda Alliston.
b) These assignments may, only in the event of equipment failure and in the interest of expedited Honda or Spence customer service requirements, assist, or bring in any of the assignments operating between Lambton and Spence with the sole purpose of servicing Honda Alliston requirements.
c) The assignments that operate out of Lambton and Spence that will be used solely for the purpose of moving traffic between Lambton and Spence will have the same limits as outlined in paragraph (a) above.
d) In the event of the necessity to apply the provisions as outlined in section (b) above, an automatic penalty payment in the amount of 100 miles at yard rates will, without delay, be made to each of the first out available employees on the Toronto Engineer’s Spareboard, the Conductor’s Spareboard and the Trainperson’s Spareboard.
e) The assignments outlined in (c) may move within the Toronto Terminal in conjunction with their own train and will not be used to transfer power or other such related work deemed necessary. They will only handle Spence related traffic. Non compliance will be handled in the same manner as in Item 2 (d) above, but, the payment will apply to the Engineers Spareboard, the Toronto Yard Foreperson’s Spareboard and the Toronto Yardhelper’s Spareboard, and, there will be a penalty payment to each of the crewmembers performing such extra service in the amount of 100 miles at through freight rates.
f) Any regular assignment, or extra, that operates out of the Toronto Terminal with daily duties applying solely to servicing Spence Terminal will operate under the same terms and conditions of this agreement.
g) The Spence Roadswitcher assignments headquartered in both Spence and Lambton will come under Yard Rates and Road conditions insofar as rates of pay and working conditions are concerned.
3.0 MANNING OF AD-HOC / RELIEF
a) Employees headquartered in Toronto that are required to fill in on temporary vacancies or extras covering these assignments territory that are headquartered at Spence Terminal will be paid 61 miles at yard rates each way irrespective of the mode of transportation at the beginning and at the end of the vacancy.
b) Employees who elect to use their own personal mode of transportation will be compensated in the amount of 110kls each way, at the applicable rate in the Collective Agreement.
c) All spare work for these assignments will be filled from the Toronto Road Spareboards based on craft for that district.
4.0 NO PRECEDENT - NO PREJUDICE
The signatory parties to this Agreement understand that same is entered
into on a without precedent prejudice basis and agree that this Agreement
will not be used by either party for any reason without the express written
consent of the other party.
This Agreement will be in effect on the signing date and may be
cancelled by either party upon providing a 30-day written notice of cancellation.
Signed this 22 day of December 1999.
FOR THE COMPANY: FOR THE BROTHERHOOD:
Manager Road Operations Local Chairman
ST.L & H Railway Division 295
Toronto Yard Brotherhood of Locomotive Engineers
Local 416 District 3
United Transportation Union
Local 416 Yard
United Transportation Union
LETTER OF UNDERSTANDING
ST. LAWRENCE & HUDSON RAILWAY
(CANADIAN PACIFIC LTD)
CANADIAN COUNCIL OF OPERATING UNIONS
THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
UNITED TRANSPORTATION UNION
December 22, 1999
Manager Road Operations
St.L & H Railway
This is in regards to our meeting held at Toronto on December 17th, 1999 referencing the Proposed Spence Terminal Agreement, specifically, Item 3.0 (a).
In the body of Item 3.0 (a), it refers to a deadhead payment to protect assignments at Spence Terminal to be paid at 61 miles yard rates. The Union has raised concerns over the Company’s ability to pay this agreed to amount in a correct and expeditious manner to not delay employees income.
This letter has been entered into freely by both parties at the Unions request to have this payment paid properly.
In the interest of fairness, it was further agreed that, in the event that the Company was not able to put the proper payment features in place by December 31st, 1999, that the agreement would then reflect a payment of 100 miles at through freight rates.
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 Mr.Hiller’s files as well as mine.
Robert F Hewitt
Manager Road Operations
St.L & H Railway
Local 416 District 3