1. Employee shall run first in and
first out on their respective boards in each pool, subject to the rest
rules, i.e., if the first conductor is under rest the second conductor
is called etc.
2. Local Company officers and the Local Chairperson will determine
the number of employees in each pool. Company officers and the Local
Chairperson will regulate the East, Hamilton and Detroit pool conductors
and trainperson’s mileage between 4000 and 4300 miles monthly. This is
not to be taken as a guarantee.
3. An employee desiring to work as a conductor or trainperson in
any pools will so advise the CMC office and the Local Chairperson by
submitting a bid indicating same. When mileage warrants additional
employees in the pool or a permanent vacancy occurs, the senior
applicant of bids held at the time, will be awarded same immediately
without re-advertising.
NOTE: Permanent vacancies are defined as those in which the employee
who holds the position will no longer do so.
4. If a conductor or trainperson in the pools is unable to protect
his/her turn for any reason other than being under rest, the turn will
run spare. Relief will be provided in accordance with Local rule #5. If
a trainperson or conductor is under rest, the next available trainperson
or conductor in the same pool is used. The trainperson or conductor
assumes his/her turn when his/her rest expires.
5. Relief Work in Unassigned Pool Service
a) Vacancies of less than 6 days If there are no qualified
trainpersons in any of the pools; the senior qualified trainperson on
the spareboard will be called. If there are no available qualified
trainpersons, the next available conductor in the same pool will be
called. (i.e. the pool will be boosted)
NOTE: When in a Conductor-Only operation where there are no
trainpersons holding first or second brakeperson’s positions in the
pool, relief for Conductors will be supplied by the first out qualified
Conductor on the spareboard. When both a trainperson and a Conductor are
required for the same train, the first two employees will be called; the
senior of the two will run as the Conductor.
b) Vacancies of 6 days or more These vacancies will be manned
in accordance with the Collective agreement. Both Conductors and
trainperson vacancies can be claimed on the 6th day, and at their first
opportunity.
6. Relief Work in Assigned Service
a) Vacancies of less than 6 days i) Conductors’ relief will be supplied by the senior
qualified trainperson owning the assignment. If there are no qualified
trainpersons working the assignment, the first up qualified available
conductor on the trainperson’s spareboard will be called.
ii) Trainpersons relief will be supplied from the
spareboard.
b) Vacancies of 6 days or more
i) Conductors’ relief will be supplied by the senior
qualified trainperson owning the assignment, unless another man working
as Conductor desires the position. If there are no qualified
trainpersons working the assignment and no conductor desires the
position, then the junior qualified conductor on the trainperson’s
spareboard will be called. If an employee out of the pool is called,
he/she may request relief immediately. If he/she does not request relief
he/she remains on the assignment until the regular employee returns or
he/she is replaced by a senior employee. If relief is requested, the
junior qualified conductor will be called as soon as he/she becomes
available. When the junior employee assumes the position there will be
no additional expense to the company (i.e. Deadheads). The junior
conductor will not be allowed to work until he relieves the employee
called.
ii) Trainpersons relief will be supplied from the
spareboard.
NOTE: If trainpersons who are called for relief on assignments
desire relief after 6 days they must state so at the time of call. In
this case, the junior trainperson will be called to fill the position.
This will be at no expense to the company.
7. Holiday vacancies and vacancies that have resulted when a
trainperson accepts set-up as a Locomotive Engineer will be considered a
vacancy known to be of more than 6 days duration, and can be claimed on
the first day.
8. When an employee goes on holidays before pension, his/her
vacancy will be filled on the first day of the holidays, permanently.
9. An employee displaced must declare themselves within 24 hours
from the time he/she is informed he/she is displaced.
10. Any trainperson or Conductor who has booked OK for any vacancy and
is relieved when the regular employee returns, will take their turn when
they book off at the home terminal. Regular employees will return to
their respective assignments or preferred vacancy.
11. Should trains arriving at the home terminal London from the East,
West or Detroit pools at approximately the same time, the turn will be
decided by the arrival time at the outer main track switch or designated
point. Trainpersons deadheading on passenger trains will be governed by
the time of arrival at Quebec Street Yard Office. Should the times be
simultaneous then the turn will be decided and governed by the turn held
before leaving Quebec Street.
12. Trainpersons missing call, will be placed back on the bottom of
their respective board at the time their turn is called. A regular
employee will return when his/her turn returns to the home terminal and
will remain on the bottom of the pool and may be used prior to the
return. Spare trainpersons missing a call will go to the bottom of the
board.
13. Conductors and trainpersons booking OK for assignments or exercising
their seniority for same, must book OK prior to the assignment having
booked off duty or he/she will not be allowed to work until having done
so.
14. An employee off for miles must book OK for duty at 2201 hours for an
ordering time of 0001 hours for the first day in the new mileage period.
If the employee’s turn is out at the time of booking OK, the employee
will be placed at the bottom of the respective pool board and when
his/her turn arrives back in, it will be removed from the board.
15. If a Conductor or trainperson is called for a foreign job and he/she
is unable to accept the call or books sick at the foreign terminal, when
he/she books OK for duty, he/she must replace the employee who accepted
the call in his/her place.
16. All unassigned work trains, snow plows and assigned crews requiring
relief account rest will be manned from the trainpersons spareboard. The
Common Spareboard shall provide relief of all pools destined for the
home terminal. The first up qualified conductor and the first up
trainperson(s) will be called. In the event that those called are all
qualified conductors, the most senior will fill the position of
conductor. If there are no qualified conductors on the Spareboard, the
junior available conductor in the terminal will be called.
17. Trainpersons who are absent by reason of injury, sickness, leave of
absence, vacation or an employee who is available but not called to work
during the entire period a bulletin is in effect will have the right to
exercise their seniority immediately upon reporting for duty.
18. A spare trainperson, having worked a shift in London Yard, a short
turnaround, a TCS or Milton to London leg of Expressway out of London,
will remain first out on the spare list, unless working two consecutive
tours, then the employee will be placed to the bottom of the spareboard.
NOTE: A short turn around or TCS for the purposes of remaining first
out, will be defined as a turn in which 150 miles or less is claimed. It
will be the employee’s responsibility to notify the Crew Dispatcher of
the application of this rule at the time of booking off.
19. When all turns in an individual pool have been exhausted, a tramp
turn will be created and will be manned from the spareboard.
20. A Conductor or trainperson in service on the Galt or Windsor
Subdivision that has been passed by another Conductor or Trainperson enroute will hold his/her original turn at the objective terminal. This
rule is applicable to through freight crews only, in service between
London and Toronto, Windsor or Detroit. This provision does not apply to
trains destined for Hamilton, nor work trains out of the away from home
terminal or short turnarounds, nor does it apply to employees runaround
account having booked rest under the provisions of the Collective
Agreement. Employees runaround as a result of being under MTOD will be
afforded the right to regain their turn as anticipated in this document.
Turns lost as a result of being runaround by a TCS crew cannot be
reclaimed. Conductors and trainpersons affected will be responsible for
advising the crew dispatcher upon arrival at the terminal in order to
regain their turn.
21. Notice No.253 – C.P. Rail - Toronto Division - November 16, 1992. In
additions to Notice No. 224, crews will continue to go on and off duty
at the General Yard office as in the past. However, if a crew does not
arrive at the Travel Lodge within 15 minutes from the time they go off
duty at the Yard Office, they will be paid for all time after such 15
minutes until the time they do arrive at the Travel Lodge. They will
submit a separate ticket to claim this time. In lieu of the instructions
contained in the fourth paragraph of Notice No. 244, crews will be
required to be in the lobby of the Travel Lodge 15 minutes prior to the
ordering time of the train.
22. It is agreed that Trainman/Conductors being displaced from working
any London Zone Assignments, which have home terminals in Metropolitan
Toronto, may exercise their seniority to assignments situated in Toronto
District No. 1 Zone or Toronto District No. 3 Zone. The requirements to
exercise seniority in the London Zone shall be waived.
23. Further to our discussion pertaining to Conductors in Road Railer,
Service who are not available to man their assignments out of Detroit.
It is agreed by the undersigned that the following guidelines will
apply:
a) Conductor’s relief will be supplied from London in accordance
with the applicable provisions as contained in the Collective Agreement
and Local Rules.
b) In the event that there is less than five (5) hours between the
time, the Conductor has made himself/herself unavailable, and the time
the assignment is ordered an employee may be called from the Common
Spareboard in Windsor. This employee would then be deadheaded back to
Windsor upon his/her arrival in London.
24. For the purposes of the application of Article 42, Rule 13,
paragraph (a), as it applies to payment for deadheading, time occupied
in deadheading from London to Galt or Galt to London to relieve on
positions on Galt Yard assignments will be 4 hours. Such time to be paid
at the same rate as that on which the spare trainperson is relieving.
Further, for the purposes of the application of Rule 4, Rest Rule this
confirms our understanding that when an employee is called to deadhead
from London to Galt in order to work an assignment or an extra shift the
employee will be entitled to 1 hour traveling time prior to when the
shift commences, which will be added to his/her right to book rest after
11 hours service.
25. The company and the union agree to create a position to be known as
a “utility employee”. This employee’s job duties will be carried out
solely within the confines of London Yard and will be defined as
follows:
a) Lining up of inbound/outbound trains for the purpose of
assisting crews and/or the ATS; protect pull-by of trains at specific
locations;
b) make cuts on trains to assist in set-off or lifts of cars or cuts
of cars. This may also entail making the coupling to put train back
together;
c) Verify couplings and do hosed on lifts as may be necessary to
assist outbound crew. (Usually ahead of time);
d) Assist yard crew (s) in yard moves; this may mean lining a
movement, turning switch(s), or helping to switch as the need may arise.
e) Other work that would be related to yard or train operations.
f) The ‘Utility employee’ will work under the direction of the
on-duty ATC only.
g) The “Utility employee” will be called on an ad hoc basis, as
required, and as the agreed upon spare board level permits.
h) The presence of the ‘Utility employee’ will not relieve the
company of their responsibility to call a “required Trainperson” for a
road crew when the switching requirements for that train so dictate as
stipulated in the Collective Agreement.
i) Crews engaged in activity for which payment is provided under
the Conductor - Only agreement, and have received assistance from the
“utility employee’ during that activity, will not have their entitlement
to payment affected in any way.
j) The ‘utility employee” may, if a company vehicle is available,
use same in their functions, including moving crewmembers to different
locations, as required.
k) This position will be filled from the Common spareboard and will
be paid at the Yard Foreman’s rate of pay, including the preparatory
time provisions. Provisions for lunch will be as provided in Article 42,
Rule 3 of the Collective Agreement.
l) Utility employees can book rest at the expiration of 10 hours
on duty. Additionally, utility employees can book up to 24 hours rest.
m) The requirement for a “utility employee” must be identified on the
crew lineups at least 8 hours in advance of the call.
26. A Conductor/Trainman called for a Short Turn at the Away From Home
Terminal, upon tying up at expiration of that tour of duty to be
replaced to their original turn in their respective pool in Toronto,
Hamilton or Windsor, with the right to book up to eight hours rest. This
Local Rule to be implemented with the understanding between the TCRC and
the Company that every effort will be made by NMC in Montreal to
deadhead said Conductor/Trainman to their Home Terminal at the
expiration of personal rest or at tie up time. It will also be
understood by the TCRC that availability of Conductors/Trainmen at the
away from home terminal and the Company operational requirements will be
the determining factor in terms of deadheading. Furthermore it will be
understood by the Company and the NMC, the provisions of Article 14 (d),
reading in part, “A through freight crew which has made a turnaround
trip out of the distant terminal, will not be required to make another
trip out of the distant terminal until after having made a trip to the
home terminal, if other unassigned crews of their division are available,” remain in place.It is the
responsibility of said Conductor/Trainman to notify NMC of their intent
to be repositioned
27. It is understood that a number of Local agreement have been made in
the past that have resulted in review by the parties with the goal of
clarifying an appropriate protocol specific to the Chatham Roadswitcher,
Assignment #10 starting at Chatham at 0700 hours, Monday through Friday,
Saturday if required and a rest day of Sunday.
(a) Any review of wage claims prior to the signing of this agreement,
specific to previous agreements, shall be conducted by the signatory
parties and dispensed of thereafter in recognition that the claims where
made it accordance with prior agreement.
(b) It is agreed that the 30-mile radius that is identified in the
current Collective Agreements shall be extended to allow this assignment
to perform any required customer switching at Glencoe, on the Windsor
Subdivision. In such instances, time occupied beyond 30 miles or miles
traveled beyond 30 miles, whichever is the greater with a minimum
allowance of 50 miles each time this work is performed, shall be added
to the wage claim of the crew working the assignment. This additional
payment shall not be included in any guarantee payment that may be
received by any of the crewmembers that may work the assignment.
28. It is understood that a number of Local agreement have been made in
the past that have resulted in review by the parties with the goal of
clarifying an appropriate protocol specific to the Chatham Wayfreight,
Assignment #15 used to accommodate traffic between Rougemere, Windsor
and Chatham.
(a) Any review of wage claims prior to the signing of this agreement,
specific to aspects herein identified, shall be conducted by the
signatory parties and dispensed of thereafter in recognition that the
claims where made it accordance with prior agreement.
(b) It is agreed that the Running miles from OMTS Windsor to Chatham,
Ontario shall be 96 miles, and crews shall be run on a turn around basis
between these locations. In situations that this assignment is turned
between Walkerville on the Windsor Subdivision and Chatham on the
Windsor Subdivision, the Running miles shall be reduced to reflect the
actual running distance between OMTS Windsor and the turn-around point.
(c) Crews may be transported by the Company between the starting
location of the Windsor Yard Office and Walkerville on the Windsor
Subdivision, prior to the Eastward leg of their tour of duty for any
operational requirements and/or departure preparations pertaining to
their train. In such circumstances, the crew shall be considered on
initial time, without reduction of running miles.
(d) Crews may be transported by the Company between Walkerville, on the
Windsor Subdivision, and the Windsor Yard Office after completing the
Westward leg of their tour of duty for any operational requirement
and/or yarding, pertaining to their train. In such circumstances, the
crew shall be considered on final time, without reduction of running
miles.
(e) Any issue not specifically addressed by this letter of
understanding shall be in accordance with the current applicable
Collective Agreement.
29. It is agreed that the 30 mile radius identified in the current
Collective Agreement, as applicable to Roadswitchers, will be relaxed
only to the extent hereinafter identified;
(a) One Roadswitcher Assignment, designed by the Company through
proper Advertisement, which commences its tour of duty at Woodstock,
Ontario, may travel beyond 30 main track miles from the outer main track
or designated point in any direction from the starting point in any
direction from the initial starting point, to perform all necessary
switching a St. Thomas, Ontario.
(b) During days that the identified Roadswitcher Assignment will be
required to travel beyond 30 main track miles from the outer main track
or designated point in any direction from the initial starting point, to
perform all necessary switching at St. Thomas, crew working the
assignment shall be compensated over and above the payment of the tour
of duty and any applicable guarantee in the following manner;
(i) time or miles which ever is the greater at the rate of 12 ½ miles
per hour with a minimum payment of one hour, for all time in excess of
30 main track miles from the outer main track or designated point in any
direction from the initial point, to perform all necessary switching at
St. Thomas.
(ii) time at the rate of 12 ½ miles per hour with a minimum
payment of one hour, for all time beyond the traditional initial
terminal at Woodstock while performing switching to assemble the train
prior to departure of Woodstock.
(c) All claims identified in 2(i) or 2(ii) shall be submitted using the
London local agreement claim code (LN).
(d) This agreement is contingent on an increase in assignments beyond
the present service of two Roadswitchers out of Woodstock. If service
should be reduced so that we are at or below this level, then this
agreement will not be in effect for those assignments.
30. The Company and the Union agree that in respect to trainpersons
within the London Seniority Zone, Appendix A-4, (7) will be modified to
allow a Yardperson to fill temporary vacancies in either Yard or Road
service and to allow a Trainperson to fill temporary vacancies in either
Road or Yard service. All existing time limits with respect to the
vacancy will remain unchanged.
31. It is understood that this agreement supersedes any previous local
rules that were in effect prior to__________________.
32. All rules contained within this agreement pertaining to trainpersons
are subject to the applications of Article 9 (A).
33. The applications of this agreement will not result in any additional
expense to the company, nor is it intended to result in placing either
party in a less advantageous position.
34. Either party may cancel this agreement by informing the other in
writing with at least 30 days notice.
Dec 29, 2008
