Reasonable expenses when attending investigations

September 13, 2006

Brothers and Sisters,

Re: Expenses for Union representative as per article 15.2 of wage agreement 41

Yesterday at the expedited CROA arbitration hearings between CPRail and the TCRC MWED, we resolved a case, without prejudice or precedent, concerning a Union representative not paid expenses when attending an investigation that was held outside of a reasonable commute.

Article 15.2 of wage agreement 41 reads in part,

"... Reasonable expenses will be provided when an investigation cannot be held within a reasonable commute... "

In this case, the company had taken the position that the expenses only applied to the employee whose statement was being taken, and our position was that the expenses applied to the Union rep as well.

I was at the 1998 bargaining table when this line was added to the Collective Agreement and I can attest that it was the intention of the parties that the expenses would apply both to the employee and the Union rep. As a matter of fact, the case that we resolved yesterday is the only one that I'm aware of concerning the company not paying the Union rep's expenses.

However, the company did state that there was one other supervisor who did not pay expenses for one of our Union reps and that they did not grieve it. I have not spoken yet with the Union rep named, but this made me realize that there may be supervisors out there trying to save a buck by denying union reps their rightful expenses.

I want to re iterate to all reps out there who attend statements beyond a reasonable commute....if your expenses are denied, let your TCRC MWED Director know immediately and we will deal with it.

In solidarity,

Bill Brehl
President
TCRC MWED