Update - October 1st 2005
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Brothers and Sisters,

As most of you are aware, its been extremely busy over the last few weeks. And it looks like it is going to stay that way for awhile yet.

The TP&E crews are still going strong and we've reached an agreement with the company which will extend the work season for around 150 crew members across the country and will also eliminate some of the contracting out. As much as we do not agree with flexibility in the BST's, on a voluntary basis ONLY, we are going to allow some of the crews to cross seniority boundaries, so as to keep working. This is without prejudice and precedent, will eliminate some contracting out (the Manitoba members will be coming to Alberta to do Westcap work), will not take away any work from the visited BST members and will extend the work seasons by weeks, and in some cases, months.

Also, if you are laid off in your BST and there are crews from other BST's working on your turf, you can displace onto those crews. As we managed to get an enhanced mileage claim for crews off of their BST's, if you displace onto a crew that is working on your BST from another district, you will be entitled to the enhanced mileage as well.

We did try to get the enhanced mileage for all B-1 claims, but we couldn't reach an agreement. As with all bargaining, you end up with the possible which is not always everything that you wanted, but what we got is definitely an improvement and has never been negotiated prior. Previously, agreements that were signed to cross seniority boundaries were done because of the threat of contractors and to extend work seasons...only. Though these can be valid reasons to make special agreements for the good of the membership, we will always try to get as much as we can for you. As well, we want it established that if we do any negotiating for temporary changes to the collective agreement in the closed period, if it is beneficial to the company we want the savings passed on to our membership, the same as when we are at main table.

On top of the enhanced mileage, a lot of the TP&E crews will get extended seasons well beyond what they have averaged in the past. And as I'm sure you can figure out, if the TP&E crews work longer, then the temporary divisional positions that open up when the gangs start, will be extended as well.

We've got grievance resolution meetings scheduled all over the country during October. Director Helfenbein and I will be at one for the Pacific Region on October 3rd (as well as another one on November 1). Director Spikula and I are at two days of grievance meetings in Toronto on the 12th and 13th of October and at the same time Director Doherty and Secretary Treasurer Wilson will be in Winnipeg dealing with Chemotron grievances from Surry and Transcona. We are also trying to arrange some more dates in the Prairies, for track maintennace and TP&E.

Speaking of grievances, I was finally able to sign off on a resolve for a flagging grievance from 1998. In 1998, the company put Signals department employees out flagging for Ledcor on the Pacific Region, near Kamloops. The IBEW contract states that they can come and do our work, but of course, ours states that they can't. The Local Chairman at the time, Steve Takasc, started a grievance that I progressed to step 2, as I was the General Chair of the Pacific during those years.

It was sent to Ottawa in 1999 and sat there unresolved, untill the TCRC MWED took it to expedited arbitration last February and won. Since then the company has been trying to determine how much work the signals guys did that they shouldn't have. They ahve told me that they can't find any more records than two months worth, during that time frame. The difference in overtime, that the company's records showed, between five of our members (those named in the grievance) and the five signals guys, was not nearly as much as we felt it should be. The last figure that the company gave us was around 19 K divided five ways.

Yesterday, we signed off at $5,000 for each of our five members, which will be paid ex gratia. This means that it is non-taxable to the member.The company has assured us that this will be paid quickly but not later than two pay periods from now. Merry Christmas boys, you've waited a long time. As a matter of fact, at least two of the members have already retired!!

We finally got the RTW ( Return to Work) committees named and set up (at least on paper) and VP Roberto Tirelli will be contacting all of the committee members concerning this. The training is finally going ahead, with 3 sessions already completed and another three next week. There are a lot of tentative dates set and as they get locked in, committee members in the area where they are held will be attending.

October 4th, 2005, Brother Jim Daniel, Director Helfenbein and myself will be sitting with the company doing the final review and sign off on the Collective Agreement re-write. The company has told me that they have sent it out to be translated and that if there are any changes from this meeting we will make them in the translation. As translating is time consuming, I have been adamant that I want the translation started as soon as we had a near final draft and so they are doing it.

After we get sign off, it will be sent to the printers (as well as the translated version if its ready) and then we will arrange to have it mailed to all of your homes. If all goes well, you should start getting the books within a few weeks of printing.

Though we don't expect any mistakes, there is always that possibility, especially with language, so there will be a disclaimer in the new book, stating that it will be open for correction if any are found. Also if there is an interpretation problem (with intent or meaning) over any of the changes, it will be resolved internally. If that isn't possible, then with an arbitrator ASAP. More good news is that the book will be going back to the former "pocket sized" format which I'm sure all of you have missed.

On October 6th, we will be attending a dedication ceremony of the memorial erected in memory of Brother Gary Kinakin who was killed at work last December. It will be located at the site where the tragedy occured and the memorial will stand as both a rememberance of Gary and as a reminder of the dangers that we all face every day.

Brian Black, TCRC MWED H&S rep arranged with Vern Graham to have a Unit and a couple of coach cars to take everyone, especially Gary's widow, Kim and their children, out to the site. Executive Board members representing all four regions will be present, as well as hundreds of Gary's co-workers and friends and many company officers. I really want to commend Brian Black and Brother Shayne Brighton for all the work that they have done to make this memorial possible.

At the last H&S Policy committee meeting Director Doherty, H&S rep Dave Cisecki and myself talked to General Manager Gord Pozzobon about the practice of erecting memorials for our fallen members and extending the practice elsewhere in the country. It is done in some spots but it is not consistent, exept in the Pacific. Mr. Pozzobon agreed with our sentiments and following a recommendation from Director Doherty, has committed to having a memorial erected for Brother Wayne Burke, a speed swing operator from Manitoba who was tragically killed at work in 1997.

This was a positive step forward and we are grateful to Mr. Pozzobon for taking it. There was also discussion on erecting a memorial at the site where the tragic bus accident occured 25 years ago, killing many of our Brothers, most from Newfoundland. Mr. Pozzobon agreed that we will look at the site and see what would be appropriate, if possible there or on the nearest right-of- way.

We have two cases slated for October CROA in Montreal. The first is concerning the new BTMF trucks (with air brakes, special licensing, 31,000 lbs. GVW, etc.) and getting them the proper rate of pay according to the collective agreement. The second has to do with the company forcing our ES members who are working for an outside employer into alleged permanent positions in other bargaining units. We have also sent the Joint Statement of Issue for two cases for November and are considering doing another round of expedited arbitration in December, as well as possibly two dismissal cases.

On November 4, 5 and 6th we will have our TCRC MWED Convention to adopt the Division By-laws. This, I believe, will be the final step in getting us out of trusteeship and on our own. It has been a long and involved process, but a necessary one. We had to show that the Division could function, that the officers could handle the business responsibly, both labour matters and finances. We had to establish a structure, which we have done with the direct elections and are doing with the By-laws. So far we have risen, not only as an Executive Board, but as a Division on a whole, to every challenge.

The By-laws committee, comprised of a delegate from each region, have been working hard on getting the tentative by-laws finalized and their report ready for presentation to the convention. I'm being told that they will have one more conference call and one more meeting, and they will be ready. The committee members are Brothers Ross Terry, Gary McDougal, Bill Brake and Anthony Dellaporta and they should all be commended for their dedication and hard work.

Brother Terry was elected Chairman at their first meeting in Winnipeg and thiscommittee is a good example of the solidarity that we has been built, when you consider that 18 months ago, these committee members were equally divided on the Teamster/ USWA issue (2 to 2) and yet now they are sitting down and developing the By-laws to get our Division out of trusteeship. It was bound to happen though, because all of these men, regardless of political affiliations, are fully dedicated to the well being and service of the membership. And I thank them all. To quote, Brother McDougal, " I may change jerseys, but I haven't taken my teeth out of the company's leg".

The Convention will be held in Calgary at the Palliser Hotel (we get the CP rate, which is a substantial saving to the Division) and any member who is in the area is welcome to attend as a visitor. Only delegates, however, will be seated on the convention floor and only delegates will have voice and vote. But it is a good opportunity for members to come and meet their delegates, officers, other Teamsters and see how the business of the Union is conducted. There will also be an education portion of the convention on Saturday November 5th, with a presentation and Q&A by labour lawyer and advocate, Leo MacGrady, Q.C., concerning bill c-45 and the 'duty to accomodate' legislation.

The Convention Call, which has been sent to all locals.

In other news, as you are all no doubt aware, the TWU (Telecommunications Workers Union) are locked out by Telus. They have been since July. We have been going over and walking the line with them every night here in Calgary, when we are in town, and I've got to tell you that they need your support. Especially here in Alberta. Entwhistle, the CEO of Telus is out to bust their Union by crushing Alberta. These brave men and women who have not folded, are true heroes. This labour dispute is not just about the TWU, it is a stand against the outsourcing of Canadian work in all areas of business. Telecommunication is not the only industry that abolishes Canadian jobs to send the work to some third world country at a fraction of the labour costs here. Though we, in the transportation insustry are safer than most, look at CPR getting pre-plated ties from Arkansas, while lots of our people are laid off every winter.

Last Thursday night, John Doerksen of Teamsters local 362, joined Director Helfenbein (and his girlfriend, Brenda), VP Tirelli and myself over at the Len Werry (telus) building and at the Telus Tower in Calgary and we all walked the line from 1900 to 2300. The TWU members were extremely happy to see us and extended every hospitality. Even though the Thursday rally had been changed to Friday at noon, there were still lots of picketers to offset the company hired goons that lurked around trying to intimidate the girls on the line.

Though, I'll admit the goons scattered pretty quick every time Roberto lumbered over. By the end of the night, everywhere Roberto, Henry, John and I walked, there were at least seven or eight of the hired security guards following at a safe distance. All we had to do was stop and stare at them (OK, occasionally we did make the odd comment) and they would lurk off back to the shadows. The strikers, many of whom are women operators, told us that they were especially glad to see that these thugs were being intimidated for a change. They have had to endure all sorts of demeaning looks, comments and attempts to humiliate and demoralize them from these wannabe tough guys. However, when we were there the shoe went on the other foot. It was a real pleasure for us to see that our support was helping to boost their morale. I really do encourage all of you to drop out to a TWU picket line in your area, it will truly make a difference to the TWU members and besides, it will make you feel great.

Speaking of morale boosters, though I couldn't attend the rally on Friday as I was dealing with the company on the extended work season issue, I heard that the Teamsters truck was a huge hit.

Joint Council 90 President, and Secretary/Treasurer of Teamsters local 362 Roy Finley sent the Teamsters eighteen wheeler out to the rally at the Telus tower. John, and the Teamsters with him, parked the truck out front and joined the TWU in shouting down the company and the scabs. They then finished up by circling the block with the horn going and everyone cheering. From what I heard the applause was amazing.

When Roberto and I finished with the company and went back over to walk the picket line on Friday everyone, and I mean everyone, there wanted to shake our hands and thank the Teamsters for all the support. They were saying that getting their pictures taken by the truck was the high point of the rally. That's what this labour movement is all about. Solidarity and support.

Anyways, that's all for now, stay safe.

Teamster Pride + Teamster Unity = TEAMSTER STRENGTH

Fraternally,

Bill Brehl
President
TCRC MWED