MEMORANDUM OF AGREEMENT
BETWEEN: VIA RAIL CANADA INC.,
(hereinafter referred to as the "Corporation")
AND: THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
(hereinafter referred to as the "Brotherhood)
BETWEEN: VIA RAIL CANADA INC.,
(hereinafter referred to as the "Corporation")
AND: THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
(hereinafter referred to as the "Brotherhood)
The Corporation and the Brotherhood have reached an agreement on the Crew Consist Adjustment as well as an agreement on the terms, conditions and benefits to be applicable for all running trades employees.
The parties acknowledge that both these agreements are conditional on and subject to the following conditions being met:
1. Ratification no later than June 21, 1998 of both agreements as set out above by the Via membership of the Brotherhood.
2. The parties reaching an agreement as to the suspension of the operation of the Transfer Agreement dated June 4, 1987 between CN, VIA and BLE for the limited purpose of allowing Locomotive Engineers to retire or sever from the Corporation and permit Conductors, Assistant Conductors or Yardmasters at VIA to train as Locomotive Engineers and to fill the vacancies thereby created or otherwise resulting from the implementation of the Crew Consist Adjustment agreement.
Signed this 12 day of June 1998.
VIA RAIL CANADA INC
THE BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Bannon E. Woods - Director Human Resources and Labour Relations
John Tofflemire - General Chairman
Edward J. Houlihan - Senior manager-Labour Relations
Bradford E. Wood - General Chairman
Francine Hebert - Special Project Officer
Michael W. Simpson - General Chairman
June 12, 1998
Mr. John Tofflemire
General Chairman
Brotherhood of Locomotive Engineers
250 Mississage Street
Oakville, Ontario L6L 3B2
Mr. Bradford E. Wood
General Chairman
Brotherhood of Locomotive Engineers
2 Dartmouth Rd., Suite 201
Bedford, Nova Scotia B4A 2K7
Mr. Mike Simpson
General Chairman
Brotherhood of Locomotive Engineers
No. 2 - 3012 Louise Street
Saskatoon, Saskatchewan S7J 3L8
Gentlemen:
Re: Pension Formula
In National Negotiations, an issue arose as to the application of the pension formula of 1.5% of Final Average Earnings for the year 1998. The question was whether the increased formula apply retroactively to those employees who may have retired in 1998 but prior to the execution of the pension agreement.
This letter confirms that the increase of the pension formula to 1.5% of Final Average Earnings would apply retroactively to employees who had retired after January 1, 1998.
Yours truly,
B. E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Gentlemen:
Re: Retroactive Payment of Wage Increase
This letter will confirm that only those running trades employees employed with VIA as of June 21, 1998 will receive a retroactive payment as a result of the general wage increase effective January 1, 1998.
Yours truly,
B. E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Re: Protection of Employees
Dear Sirs:
As you are aware, representatives of CN have suggested that they would oppose the return of VIA employees to CN arising out of the Crew Consist Adjustment Agreement. It is VIA's position that this would be contrary to the terms of the Transfer Agreement dated March 6, 1987 between VIA, CN and the UTU.
VIA is committed to protect those employees who elect, or are deemed to elect, to exercise their right to return to CN pursuant to the Crew Consist Adjustment Agreement.
For those employees who are prevented from exercising their right to return to CN, VIA will pay to them their basic weekly pay or maintenance of earnings, whichever is greater, provide their full benefit coverage and continue their pension accumulation pending their return to CN.
In order to qualify for the protection as outlined above, an employee must meet the following criteria:
(ii Have the right to return to CN under the terms of the Transfer Agreement.
(ii They have elected or are deemed to have elected to return to CN pursuant to the Crew Consist Adjustment Agreement.
(ii They have been denied their right to return to CN.
In addition, the employee must agree and authorize VIA or its lawyers to commence such proceedings as they deem necessary to ensure that they may return to employment at CN. The employee may select his own lawyer for these proceeding but their lawyer will act in conjunction with and with the assistance of the lawyers for VIA.
All proceedings will be commenced and pursued at the sole expense of VIA including legal fees, and at no cost to the employee.
I trust this is satisfactory.
Yours Very Truly,
B. E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Re: Guarantees
Dear Sirs:
In the agreement between the Corporation and the Brotherhood of Locomotive Engineers for the renewal of the Collective Agreements, Article 2 deals with wages and specifically includes premiums and guarantees.
For the purpose of clarity the parties have acknowledged that "guarantees" refers to the guaranteed amount of remuneration payable for 160 hours.
We trust this is satisfactory.
Yours Very Truly,
B.E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Re: Dental Benefits for Retirees
Dear Sirs:
This letter will confirm that all employees who elect retirement under the terms of the Crew Consist Adjustment Agreement will have full dental coverage until December 31, 1998.
Yours Very Truly,
B.E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Dear Sirs:
In National Negotiations, the question arose as to the legality of the Corporation's pension proposal ("50/80").
The Corporation confirms to the Brotherhood of Locomotive Engineers that the pension proposal ("50/80") is in conformity with all laws and regulations applicable to pensions.
Yours Very Truly,
B. E. Woods
Director, Human Resources and Labour Relations
June 12, 1998
Gentlemen:
Re: Trading Shifts
In National Negotiations, the Central Region requested the right for running trades employees to trade shifts or tours of duty two (2) times each twenty-eight (28) day period provided there was no additional cost to the Corporation and the employees would advise the Crew Management Centre of the changes. The East and the West Regions asked that they have the option to have the same right to trade shifts or tours of duty if requested.
This letter will confirm that the East and West Regions may have the same right to trade shifts or tours of duty as that of the Central Region upon sixty (60) days notice in writing to the Corporation.
Yours truly,
B.E. Woods
Director, Human Resources and Labour Relations
Copyright © 1998 Brotherhood of Locomotive Engineers - National Legislative Board - Canada