Canada Labour Code |
- and - |
International Brotherhood of Locomotive Engineers |
complainant, |
Via Rail Canada Inc., |
respondent, |
United Transportation Union, |
Canadian National Railway Company, |
National Automobile, Aerospace, Transportation |
intervenors. |
WHEREAS, on the 19th day of January 1998, an application for consent to file a complaint with the Canada Labour Relations Board pursuant to the provisions of Section 97(3) of the Canada Labour Code was made to the Minister of Labour, the Honourable Lawrence MacAulay, in the within matter;
AND WHEREAS, on the 25th day of March 1998, the said Minister pursuant to the said Section 97(3) of the Code, did consent to a complaint being made to the Board by the Complainant against the Respondent, for an alleged failure to comply with Section 50(a) and (b) of the Code, in that, subsequent to the date on which notice to bargain collectively was given, it was alleged: (a) that the Respondent failed to bargain collectively in good faith and make every reasonable effort to enter into a collective agreement, and (b) that the Respondent altered the terms and conditions of employment and other rights and privileges of the employees in the bargaining unit, without the requirements of Section 89(1)(a) to (d) of the Code having been met, and without the consent of the Complainant having been obtained;
AND WHEREAS, on the 13th day of April 1998, the Complainant, Brotherhood of Locomotive Engineers did file an additional application pursuant to Section 92 of the Code alleging a contravention by the Respondent, Via Rail Canada Inc. of the provisions of Section 89 of the Code by virtue of an alleged apprehended refusal by the said Via Rail Canada Inc., to continue to employ certain employees contrary to a subsisting collective agreement or contrary to the "freeze" provisions of Sections 48 and 50 of the Code, thereby engaging in an unlawful lockout, in the same application requesting a hearing as soon as possible;
AND WHEREAS, the Board exercised its authority under section 16(m) of the Code to abridge the time limit for the calling of a hearing respecting the alleged unlawful lockout;
AND WHEREAS, the Board initially heard the parties hereto and the intervenors on April 16th, 1998 at Montreal, where a request for postponement of the hearings in the present proceedings was conditionally granted by the Board until Monday, April 20th, 1998 at 8:30a.m.;
AND WHEREAS, the said request for postponement having been granted, the parties were heard again by the Board on Monday, April 20th, 1998 at which time with the consent of the parties, it was decided to proceed with the hearing of that portion of the complaint and application of the Complainant relating to the alleged alteration by the Respondent of the alleged terms and conditions of employment and other rights and privileges of the employees in the bargaining unit without the requirements of Section 89(1)(a) to (d) of the Code having been met and without the consent of the Complainant having been obtained, and with the application pursuant to Section 92 of the Code by virtue of the alleged refusal by the Respondent to continue to employ certain employees thereby engaging in an unlawful lockout, and to consolidate the hearing of the above issues, that portion of the complaint relating to the alleged failure to bargain collectively in good faith with the consent of the parties being deferred and reserved for further hearing, if necessary;
AND WHEREAS, the evidence and submissions of the Complainant and Respondent concerning the alleged unlawful alteration of the terms and conditions of employment and the alleged unlawful lockout were heard and considered by the Board on April 20th, 1998, and the Board is satisfied that the Respondent, contrary to Section 89 of the Code, has declared or caused or is about to declare or cause a lockout of certain of its employees, members of the bargaining unit for which the Complainant is the bargaining agent;
AND WHEREAS, the Board is satisfied and finds that the requirements of Section 89 of the Code have not been met in respect of the said unlawful activities;
AND WHEREAS, it is desirable that the parties hereto shall forthwith resume negotiations of issues outstanding between them including but not limited to the "crew consist" provisions and related work force adjustments.
NON THEREFORE IT IS DECLARED, pursuant to Section 92 of the Code, that the Respondent has declared or is about to declare or cause a lockout of certain of its employees to wit, its conductors and assistant conductors, members of the Complainant's bargaining unit through its implementation of its so called "crewing initiative" and by refusing of failing to permit the said conductors or assistant conductors to bid for work assignments; and
IT IS ORDERED, pursuant to Section 92 of the Code, that the Respondent discontinue its apprehended lockout and permit the said conductors and assistant conductors to continue to exercise the duties of their employment consistent with the "Crew Consist" provisions of the applicable collective agreements as continued pursuant to the provisions of Section 36(1)(c) and Section 50 of the Code.
IT IS FURTHERMORE ORDERED that the Respondent give notice of this order to any employee who may be affected by the said apprehended lockout.
FINALLY, it is ordered that this order shall have effect for a term of eight weeks from the date hereof unless sooner revoked or continued by this Board or by operation of law, or superseded by the successful conclusion of a new collective agreement between the parties hereto.
ISSUED, at Ottawa, Ontario this 23rd day of April 1998, by the Canada Labour Relations Board.
J. Paul Lordon, Q.C.
Chairman
Copyright © 1998 Brotherhood of Locomotive Engineers - National Legislative Board - Canada