UTU fights for VIA Rail jobs
CLEVELAND and OTTAWA -- The UTU has stepped in to make sure former VIA Rail conductors and assistant conductors, who belonged to the 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'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 October 22, the Canadian Industrial Relations Board (CIRB) found the BLE guilty of "improper collaboration" with VIA Rail to destroy the craft of conductor.

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

However, the UTU quickly responded to protect the plight of these former BLE members, who previously had been UTU members. UTU reached an agreement with CN Rail to ensure their wages would be protected while the appeal process moves 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."

In a December 3 letter, UTU General Chairperson R.A. Beatty wrote:

"As you will recall, a recent arbitrator's award allowed for the transfer of conductors and assistant conductors from VIA to CN.

"Unfortunately, VIA Rail and the BLE, in their zest to rid themselves of these highly qualified individuals, neglected to ensure basic protections.

"VIA Rail notified the conductors and assistant conductors that, as of 72 hours from the notification of the arbitrator's award, they would be cut off all wages and benefits. Given the shameful conduct of VIA Rail and the BLE in this matter, CN Rail and the UTU have agreed to take immediate actions to assist/represent these individuals.

"The parties, CN and the UTU, entered into an agreement without prejudice to protect the conductors and assistant conductors, this even though the arbitrator's award is under appeal. We will keep you informed of any action taken in this regard."

Scarrow said that employees flowing back from VIA Rail would be placed on a "non-essential" board, and paid at the same rate that they were receiving at VIA Rail. 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," Scarrow said.

The BLE had put 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.

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