UTU steps in to protect the rights of former BLE VIA Rail conductors/assistant conductors

UTU steps in to protect the rights of former BLE VIA
Rail conductors/assistant conductors

Agreement reached with CN Rail to ensure wages, benefits, pensions continue as carrier appeals arbitrator’s decision.

CLEVELAND and OTTAWA – The United Transportation Union (UTU) has stepped in to make sure former VIA Rail conductors and assistant conductors, who belonged to the Brotherhood of Locomotive Engineers (BLE), are not left out in the cold.

When a Canadian arbitrator mandated on November 26 that CN Rail accept the principles of the UTU/VIA/CN Transfer Agreement and allow former Conductors and Assistant Conductors to return to CN Rail, the carrier started plans to appeal the decision on several grounds. One of the major grounds of CN Rail’s appeal is the alleged collusion between the BLE and VIA Rail to eliminate the conductor and assistant conductor craft and to use the Transfer Agreement to shift VIA Rail’s liabilities to CN Rail.

On November 26, VIA Rail advised that it would sever its full employment relationship with the laid-off conductors/assistant conductors on November 29, which included wage entitlements and benefits and pensions, leaving them in a very precarious position.

However, the UTU was quick to respond to protect the plight of these former BLE members. UTU reached an agreement with CN Rail to ensure their wages would be protected while the appeal process moved forward. UTU had the foresight to protect the interests of these members by ensuring the necessary protections were enshrined in the Transfer Agreement in March 1987.

"UTU stepped into the breach to make sure that these former BLE members were not left out in the cold," said UTU Canada Vice President W.G. Scarrow. "This agreement not only protects these former BLE members, but also mitigates a trickle down effect on UTU members working on CN Rail."

Employees flowing back from VIA Rail will be placed on a "Non-Essential" Board, and paid at the same rate that they were receiving at VIA Rail, Scarrow said. They will continue to receive full wage and benefit protection. In addition, they will not displace UTU members on CN Rail. On the other hand, members on CN Rail will retain full rights to the positions they are now entitled to.

The UTU had contested the release of the arbitrator’s decision until such time that the parties could iron out the adverse effects, the Canadian Industrial Relations Board (CIRB) directive, and the ongoing arbitration dispute regarding locomotive engineer training.

The BLE had thrust its support behind VIA Rail, and requested that the arbitrator release his decision immediately. 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. The arbitrator’s 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.

UTU’s Scarrow was the only union officer to testify on behalf of the former UTU Conductors and Assistant Conductors, who at that time belonged to the BLE, and to ensure that their rights under the VIA Transfer Agreement were protected. No BLE officer stood to defend the former UTU conductors. 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.