Update of New Year

December 31, 2005

Brothers and Sisters,

As we sit at the end of 2005, we are also on the verge of history. Tomorrow marks the end of our trusteeship. As of January 1, 2006, the TCRC MWED will stand on its own. January 1st, 2006 also marks the first day of the first term of the first directly elected Executive Board in the Teamsters Canada Rail Conference. It is an honour and a privilege to serve as the first President and to lead this extraordinary group of individuals. I am grateful for your support and pledge my loyalty and dedication to providing the best representation possible.

I have a few other issues that I wanted to run by you quickly starting with the December CROA case. As you are aware, we grieved the company's interpretation of the senior may/ junior must rules, in particular the options open to an employee at the completion of a temporary vacancy over or under 45 days. The arbitrator dismissed the grievance. As much as we disagreed with Mr. Picher's award, the criteria that must be met for the appeal of an arbitration is quite restrictive, and that is why we do not often appeal CROA decisions.

However, arbitrators are human and can make mistakes, and we firmly believe that this is one. We had the case and the decision reviewed by a number of appellte experts and the decision was unanimous that it must be appealed.

Therefore we are preparing a case for judicial review and should have it filed by the middle of January.

January's CROA docket will be filled by 10 expedited arbitration cases and we should have the February cases agreed upon by the end of next week.

On the matter of the 2006 TP&E start up bulletins for the Pacific Region, there is a huge problem. The company came to us and requested that we agree to certain variations on this bulletin that would be contrary to the Collective Agreement. One of these variations was the elimination of weekends as rest days. We refused.
The company then arbitrarily went ahead and bulletined the Pacific region positions without weekends off, starting April 1st, 2006, anyways.

The TP&E members on the Pacifc Region are furious that the company would try to take away their weekends, the time that they spend with their families. I realize that there was an ad hoc arbitration case lost in the Southern Ontario Service Area a few years ago, which allowed the company to work the crews on weekends, but those were different circumstances completely and should not apply here. Remember, the last time that they tried to do this in BC, we got an injunction and stopped them in their tracks, and won the subsequent CROA case.

These bulletins have already been grieved, and if the issue is not settled in our favour prior to mid-March we will seek injunctive legal relief prior to the irreparable harm that would ensue. After all, once they have forced you to work the weekends, you will never get that time back.

Last but far from least, it has come to our attention that BTMF trucks have been required to work "in tandem" to put in, and even to transport, long rails. This work is extremely dangerous, and prior to any work being done there should have been a hazard (risk) assessment done.

I have requested the company policy on "in tandem" use of BTMF trucks from Mr. Vern Graham, but as of yet have not recieved it. When I do, I will pass it along.

I have been told by our H&S rep that it is his understanding that this work is not allowed (and rightly so) and so if you are being pressured to do any work that is unsafe or has not had a hazard assessment completed, you have the right to refuse under part II of the Canada Labour Code. There is a phrase that I hoped I would never have to say again but remember....we come to work not to die.

One of our members came forward and reported having been required to transport a long rail using two BTMF trucks and he named the ATMS who had ordered them to do it. I passed on this information to Mr. Vern Graham so that he could investigate and correct it, but I kept the employee's name confidential for obvious reasons. I did, however, include the ATMS's name.

I have to admit that I was quite surprised when I was told that the ATMS phoned and confronted our member over reporting the incident. Not only does this give credence to our member's allegations (as the ATMS knew who to phone) but it only strengthens our resolve to get these incidents reported.

I have written Mr. Graham a letter outlining the Union's position on the company's actions in this matter and am awaiting his response. That response will govern where this matter goes next.

If the complaint had been to HRSDC, then the ATMS's actions would constitute grounds for a further complaint. However, because we tried to correct the problem "in-house", the retaliation from the ATMS may not be punishable. If however, the company does not resolve this issue, we will be left with no other option than to make all complaints directly to HRSDC, thereby making retaliation against the complaintant grounds for charges.

Brothers and Sisters, the member who reported the incident has conveyed to me that he still believes that he did the right thing, regardless of the consequences. And it is my fervent belief that he is right. He stepped up to the plate to effect change... to make this a safer workplace and I applaud him and will support and protect him no matter what comes. The folowing are exerpts from some of his e-mails.

" ...Our supervisors still want us to play with long rails with our BTM trucks in tandem,one day this is going to lead to an accident that will hurt or kill a brother.....Working in the Rogers pass most of my career with CP Rail i have seen to many deaths both on the highway and at work and don't wan't to see any more....If you can dig up any info for me on using trucks in tandem for me it would be much appreciated.....

We have allways been using BTMF trucks to move and install long rails.We have been told that we can't load or handle a rail over 40' with our trucks,but it happens very often when we are rebuilding a switch or building a panel that we use two or more trucks in tandem to move and install the rails.

This past summer we were told to build a panel at (name deleted) crossing,there were two 80' rails that had to be placed on the ties after they were laid out.The rails had to be moved aproximatly 100' and then placed on the ties.i was the opperator of one of the trucks and the other opperator and my self talked about it before we did the job to make sure we both knew what was happening a job briefing basically.

Better put this in here now,it's is the first and only time we ever had a piece of paper signed by ATMS (name deleted) that he would take full responsibility for anything that might happen during this job.

When we moved the rails i picked up one end and the other truck picked up the other end then the outriggers were picked up and we backed both trucks up (in constant radio communication).When we were in place the outriggers were put down again and the rail was set in place.

The job was done as safely as we could.Myself and a couple of other guy's seem to remember a bulletin from CP saying that we wern't supposed to use BTMF trucks in tandem and not to drag rails with them.

Every time we talk to somebody about this we get snowballed and nobody will give us an answer on it.I don't really care what any body thinks of it but we have to put a stop to it some how and now seems to be the time to do it...... I hate to do this at a time of a brothers death but when will it stop? "

Once again, I implore you... work safe, stay safe and refuse to do unsafe work. If you know of safety violations that are happening or unsafe practices that are being pushed by your supervisors...let me know. They may try to intimidate you, but be strong. They may confront you, but be brave. You are not alone and neither is the member who wrote the highlighted words above. You are Teamsters...WE are Teamsters.

If anyone wants to send some words of support for the Brother who reported the supervisor over the "in tandem" incident, just to assure him that he's not alone, I'm sure he would appreciate them. Anything that you send I will pass along.

Together is the only way we will get through this, my friends, so together is the way we'll do it.

Have a great New Year and I'll talk to you soon,

Fraternally,

Bill Brehl
President
TCRC MWED