The Locomotive Engineer Newsletter

BLE victory on VIA Rail

In a major arbitration victory for the Brotherhood of Locomotive Engineers, the Canadian National Railway has been forced to accept the flow back of displaced former conductors and assistant conductors from VIA Rail.

After VIA Rail consolidated the crafts of conductor and locomotive engineer in 1997, there were various conductors who could not hold work under the new craft structure. Using a settlement negotiated in 1987, the BLE secured the rights of these individuals to "flow back" to CN as conductors.

However, CN refused to acknowledge the agreement and did not allow the flow back of the adversely impacted conductors.

BLE filed grievances on behalf of these individuals, arguing that CN had to accept them. VIA Rail, in the meantime, continued to pay full salary and provide full benefits to the displaced conductors and assistant conductors.

BLE General Chairman John Tofflemire estimates compensation to displaced conductors to be approximately $12 million. Based on this decision, CN could be liable to VIA Rail for that amount.

The ruling, handed down by Arbitrator Michel G. Picher on November 25, reads in part as follows:

"In the circumstances the Arbitrator has no alternative but to find and declare that the refusal of CN to accept such conductors and assistant conductors back into its employment is in violation of Item 5(a) of the Transfer Agreement of March 6, 1987," Picher ruled.

"The Arbitrator therefore directs CN to comply with Article G of the Special Agreement and Item 5 of the Transfer Agreement, and to permit conductors and assistant conductors affected by (VIA's) NEPO (New Era Passenger Operation) initiative to exercise their seniority rights to return to CN, forthwith."

Arbitrator Picher's ruling completely contradicts an incredible ruling issued by the Canadian Industrial Relations Board in October, in which it was alleged that the BLE failed to fairly represent all employees under the new craft structure.

The BLE officially filed its appeal of the CIRB decision on November 12, and the current ruling gives the BLE ammunition to strengthen the appeal.

Arbitrator Picher's ruling also debunks UTU rumors that the BLE struck a "secret agreement" with VIA, and refutes the CIRB claim that the BLE engaged in "improper collaboration" with VIA Rail.

"The record before the Arbitrator is devoid of any evidence whatsoever to suggest, much less establish, that the BLE was given prior information or notice with respect to the plans of VIA prior to the announcement of its NEPO initiative in March of 1997 nor do I see anything in the conduct of VIA, or of the BLE, to establish the elements of bad faith in the implementation of NEPO which would nullify the application of the Transfer Agreement.

"On the whole the record is contrary to any pattern of collusion or bad faith as regards the BLE," Picher stated. "The relations between the BLE and VIA in the months immediately following the certification of the BLE as the bargaining agent of all running trades employees are far from consistent with the BLE and VIA being in a 'sweetheart' relationship."

One of the main pillars of the CIRB decision was that the BLE misrepresented workers by failing to secure flow back positions at CN. Just 30 days later, the ruling issued by Arbitrator Picher completely destroys that portion of the CIRB decision.

"This is just the first in a series of rulings that will prove that the CIRB decision was completely erroneous," BLE President Ed Dubroski said.

"The Canadian Industrial Relations Board ruled that we failed to properly represent the workers, when we absolutely did -- as seen by this ruling," BLE Canadian Director Gilles Hallé said.

CN has 30 days to appeal the decision by filing a Judicial Review Application to the Quebec Superior Court. CN had not appealed the decision as of press time.