Maintenance
of Basic Rates
April 15, 2006
Brothers and Sisters,
In the Collective Agreement on CPRail, Maintenance of Basic Rates
was a provision that allowed for an employee who had lost their
permanent position due to a TO&O change (article "8"),
to maintain their previous rate so long as they held the highest
position that they could at their home location, or if no position
was available at their home location, that they take the highest
rated position on their BST. However, this did not apply to people
that lost their permanent positions due to an 11.1 layoff (ten
day notice). The language that was negotiated (back in 2000) to
allow ES Status to section 11.1 permanent layoffs was weak and
when the Union grieved the company's refusal to pay MBR to non-article "8" laid
off employees, the arbitrator dismissed the grievance, as shown
in CROA case 3244.
As you know, anyone having their job abolished permanently is basically
on ES Status for all intents and purposes.... except MBR. In other
words, if the company abolished your job and gave you a 120 day
notice, upon implementation you would have all the ES Status rights
and privileges, including MBR. However, if the company abolished
your job with a 10 day notice, upon implementation you would have
all the ES Status rights and privileges, except MBR. Though that
is the way it has been for years, how could anyone argue that it
is fair... or even that it makes sense.
As ten day layoff notices were fast becoming the company's main
method of permanent layoff, many of our Brothers and Sisters were
losing this important benefit. For that reason, in June of 2004
we grieved over 200 ten day notice permanent layoffs that had been
issued just prior to the CSF being replaced by the TCRC MWED (these
were the last ones grieved, as there have not been any permananent
reductions since we became Teamsters in June of 2004).
Maintenance of basic rate was applied so that you recieved the
difference between the rate of pay for the position that you used
to hold and the position you now held for three years. Then the
rate of pay of the position you used to hold was frozen and you
would continue to recieve it untill the rate of pay for the position
you now held caught up, wherein you would now recieve the rate
of pay for the position you are occupying, including future increases.
Confusing isn't it? Not only was it confusing, but by the fourth
year you would be getting less money than those who were working
the same classification you used to hold!!! Kind of like reverse
promotion.
During the last round of bargaining we were able to achieve the
end of the third year 'freeze" for MBR on temporary positions.
Under the new "ES top-up" you will maintain the rate
of pay for your previous position, including wage increases, until
you are able to hold a position in your former classification.
Or until you get a permanent position wherein the former MBR comes
into effect (the new "ES top-up" only applies to temporary
positions). However, this new "ES Top-up" (like MBR before
it) still did not apply to anyone who lost their permanent position
due to a ten day layoff notice (article 11.1). Until now.
I have reached an agreement with Labour Relations Manager Scott
Seeney so as to apply the "ES top up" to all ES status
employees, regardless how they became ES status, by article "8" or
section 11.1.
"...o
An ES status employee working inside the bargaining unit on a
temporary position is entitled to an ES top-up, regardless of
how they were
affected,
by either article “8” notice or article
11.1 (ten day notice) .
- The
top-up rate differential provided to an ES status employee
working inside on a temporary position will also be applied
to overtime.
- It
is understood that the rate for the employee’s ES
position will include all negotiated increases ...."
This agreement will be effective from April 1, 2005 and the company
is presently working out the retroactive for all those entitled.
It will also be included in the next printing of the Collective
Agreement. This is a landmark agreement, putting an end to a
huge injustice and putting money back in our members' pockets.
We are often in conflict with the company, so much so that it
sometimes seems like it is simply the nature of the work. When
you review the problems that we are encountering within TP&E, you have
to wonder what this company's long term goals are and if they are
really committed to their own "Visions and Values". These
problems and their root causes also make me very apprehensive as
we head towards collective bargaining.
But when we can still sit down and hammer out agreements like this
one, even in the closed period, and when I look at the positive
working relationship that we are developing with the AVP's in the
Pacific and Eastern regions ... I tend to get a little bit hopeful.
Are we going to solve all the problems? No, but at least we are
getting most of them and we are going to keep trying.
I have to thank Director JJ Spikula for his assistance in getting
this "ES top up" scope enhancement done and I want to
thank LR Manager Scott Seeney and LR officer Mark Baserman for
their hard work, their professionalism but mostly for simply agreeing
that this was "...the right thing to do".
In Solidarity,
Bill Brehl
President
TCRC MWED
