Arbitrator
Issues
Cease and Desist Order to CP Rail
- Teamsters Canada Rail Conference
-
The Teamsters Canada Rail Conference (TCRC)
posted
the following on its website on March 9, 2019.
***
Sisters & Brothers,
In March of 2018 Arbitrator Clarke ruled in
regards to
the systemic Over Hours violations that go to the core of rail
employees' rest and work-life balance.
The arbitrator accordingly declares that CP has
violated the collective agreement.
The TCRC has further convinced the arbitrator to
issue
a cease and desist order given the high number of examples, even
using
CP's own numbers and explanations, when employees' right to be
off duty
within 10 hours has not been respected. This cease and desist
order
applies as well to those employees who are entitled to be in and
off
duty
within 12 hours.
We Need Your Help!
Sadly, but not surprisingly the company has begun
to
disrespect your right to be off duty within 10 or 12 hours. The
TCRC
has no intention of allowing this to go unchallenged. With that
in mind
we need your help to document the violations. Please fill out
this form
each time you are forced over your hours."
Note: Work-rest rules for rail workers require
that
operating employees who go off-duty after being on-duty in excess
of 10
hours will be off duty for:
a) at the home terminal -- be subject to at least
8
continuous hours off-duty, 'exclusive' of call time if
applicable,
except for yard service employees returning to their regular
shift, who
will be subject to at least 8 continuous hours off-duty,
'inclusive' of
call time if applicable; and
b) at other than the home terminal -- be subject
to at
least 6 continuous hours off-duty, 'exclusive' of call time if
applicable.
5.2.2 At the home terminal, mandatory off-duty
time
shall commence at the point where the operating employee goes
off-duty,
and at other than the home terminal, mandatory off-duty time
shall
commence upon arrival at the accommodations provided by the
railway
company.
5.2.3 When the off-duty time between any shifts
or
tours of duty is less than three hours and the combined on-duty
time of
such shifts or tours of duty is in excess of 10 hours, then the
provisions of subsection 5.2.1 apply at the time the operating
employees last go off-duty. The off-duty time between such shifts
or
tours of duty are not to be
included in the calculation of on-duty time.
This article was published in
Number 9 - March 14, 2019
Article Link:
Arbitrator
Issues
Cease and Desist Order to CP Rail - Teamsters Canada Rail Conference
Website: www.cpcml.ca
Email: editor@cpcml.ca
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