Former UTU VIA Rail conductors win right to return to jobs at Canadian National

Former UTU VIA Rail conductors win right
to return to jobs at Canadian National

UTU stands up to get BLE members jobs back

OTTAWA and CLEVELAND -- A dispute between the Brotherhood of Locomotive Engineers (BLE) and CN Rail has been settled on the basis of a recent arbitration award, and now former UTU conductors have the right to return to jobs – or "flow back" -- at Canadian National Railroad.

VIA Rail is Amtrak’s equivalent in Canada. The dispute arose because CN Rail refused to accept surplus BLE members, who were formerly UTU Conductors and Assistant Conductors, from VIA Rail.

On October 22, BLE was found guilty by the Canadian Industrial Relations Board (CIRB) of "improperly collaborating" with VIA Rail to rid the national passenger carrier of the historical craft of conductor slashing about 300 jobs. This decision is not related to the CIRB case.

The Canadian Arbitrator said: "The dispute before me is not made under the Crew Consist Adjustment Agreement negotiated between VIA and the BLE. It is brought solely under the terms of the UTU, VIA and CN Special Agreement and Transfer Agreement of March 6, 1987. It is clear from a review of the decision of the CIRB that the Board was aware that this arbitration is pending and, indeed, that there is much at stake in the outcome of these proceedings concerning the rights and protections of the conductors and assistant conductors concerned. Nothing in the decision of the CIRB would suspend these proceedings. If anything, the decision of the CIRB, and its deadline for the parties to complete their re-negotiation by December 15, 1999 gives greater urgency to this arbitration."

In Canada, BLE agreed to replace the historical crafts of locomotive engineer and conductor with a new hybrid craft called "Operating Engineer" on VIA Rail to create a prototype of a one-man crew. An "operating engineer" could do everything from run the locomotive to carrying luggage and cleaning toilets.

The BLE found itself in the middle of this dispute between VIA Rail and CN Rail because of VIA Rail's intention to dump surplus employees onto CN Rail after its secret deal to eliminate 300 conductor and assistant conductor jobs. CN Rail had contested the "flow back" provisions on the basis that VIA Rail and the BLE were alleged to have bargained in bad faith, and had also colluded in the preparation and finalization of the BLE/VIA Crew Consist Adjustment Agreement.

UTU Vice President W.G. Scarrow was the only union officer to testify on behalf of the former UTU Conductors and Assistant Conductors, and to ensure that their rights under the VIA Transfer Agreement were protected. No BLE officer stood to defend the former UTU conductors, who were at that time BLE members. The CIRB also said the BLE "lied" to union workers during a representation election between UTU and BLE on VIA Rail, which BLE narrowly won.

In reaching his decision, the Canadian arbitrator refers to evidence submitted, as follows:

"It further stresses the credible and unrebutted testimony of Mr. Scarrow concerning the genesis of the Transfer Agreement and the concerns and positions advanced by the UTU during its negotiation, precisely to ensure that its members would be able to return to work at CN if they should eventually be unable to hold work at their VIA home station, regardless of the reason."

Scarrow expressed relief that these long-term VIA Rail employees and former UTU members were not thrown out on the street, as may have been the case had the arbitrator ruled differently.

"Thankfully," Scarrow said, "the UTU had had enough foresight to protect the interests of these members, by ensuring the necessary protections were enshrined in the Transfer Agreement, back in March of 1987."

View Award