Update - September 9th, 2006

September 9th, 2006

Brothers and Sisters,

Just a few quick points on some of the issues that are out there.

Negotiations at CPRail:

Since exchanging demands (they are posted on our website: www.tcrcmwed.ca) on July 5th, 2006, we have met with the company twice to discuss. These sessions are spent in dialogue over the issues, so that both parties fully understand the other's position(s). As yet, we have not begun the serious bargaining. However, the company has withdrawn three of their demands (#'s 3, 19 and 32) explaining that when they fully thought these through, they realized that they were not what they wanted or in the case of # 32, was something that they already had.

Last week's meetings were fully concerned with the bidding/ award procedures and the possibility of updating and improving these. We have been clear to the company that we are not adverse to discussing improvements so long as they benefit our membership, both in process and compensation.

We meet again during the week of September 25th (in Ottawa) to go over all items that we have not previously discussed and the company has expressed the intention to make a Global offer following that session.

VP Vacancy:

The TCRC MWED Executive Board is slated to meet on September 22, 2006. The main topic on the agenda will be the filling of the Vice President vacancy in accordance with article XXII section 9 of the IBT Constitution, which reads, in part, "... When an office has been determined to be vacant, the Executive Board shall fill the office by appointment for the entire remainder of the unexpired term." If the office of VP is filled by a Director/ Trustee from the Executive Board, then an election will be held on their Region to fill their former position of Director/ Trusteee.


Safety and Security:

I have had a response from the company concerning our campaign for Safety and Security on the Railway and I'm not referring to the supervisors who have been ripping down the posters and stickers. Engineering VP Vern Graham wrote to me outlining the company's "committment" to ensuring that all employees are properly trained for and aware of the need for safety and security. Though most of the measures that Mr. Graham outlined in his letter were unknown to us in the Maintenance of Way department and the training that had been done was simply a quick video a few years ago followed by 15 minutes of Q and A, Mr. Graham has assured me verbally that the company is taking safety and security seriously. Both he and Paul Wajda have implied that more comprehensive training is in the works as well as job aids (perhaps like our poster and sticker campaign) are also being developed. Mr. Graham has also included the matter on the Agenda for the next H&S policy committee meeting. I for one, am not convinced that the company is taking the security as seriously as it should, but I am committed to try and get them to work with us on this important issue. I'm hoping that over the next little while, the time and energy that the TCRC MWED is pouring into this will be rewarded with the company coming on board and jointly working with us.

Grievances and CROA:

On Tuesday September 12th, we will be arguing 8 cases at CROA (the company resolved to pay two other cases that we had slated). Grievance resolution has become a priority with Paul Wajda's labour relations department and we are resolving issues daily but we are also working at setting up a new round of grievance resolution meetings on all 4 regions as soon as possible.

Upcoming International Election:

As you are no doubt aware, there will be an election in the near future to determine the officers of the International Brotherhood of Teamsters. I realize that rank and file elections are new to us since we became Teamsters, but they are important. They determine who will govern our Union and who we want to represent us. They are our voice and they are the cornerstone of democracy. In early October, when the ballot arrives at your door, I urge all of you to read the instructions, vote for the candidate of your choice and send it back. Let's get out the vote and show that Canada cares.

This will probably be your first chance to vote in an International Brotherhood of Teamsters election, so let's make that count. GET OUT THE VOTE!!!

Labour Board Complaints:

There have been a number of complaints that we have had to file with HRSDC over CPRail's unprofessional behaviour this last year. We believe that the actions causing the complaints, have been tied to negotiations, and have centered on direct dealing, unfair labour practices and bargaining in bad faith issues. To date CP has admitted fault and settled most of the complaints, but they are still a concern. The most blatant, in my opinion, which goes to almost all levels of the TP&E department is also the most recent. Men and women were threatened with early layoff, to try to get them to pressure the negotiating team to cave on company demands of abolishing the seniority territories. We have a tape of just such a threat left on the Eastern Region Director's answering machine by a General Manager. We have been told of threats of retaliation and/or discipline yet your Brothers and Sisters still have the courage to come forward and fill out depositions outlining the company's violations. I am proud of you, of your courage and your conviction and together, eventually we will put an end to this. But until then, no Brother or Sister stands alone. An injury to one is an injury to all and if there is even a hint of retaliation for any legitimate complaint, we will go to the full extent of the law to insure that anyone performing the retaliation and any company officer ordering the retaliation, are properly and severely dealt with.

We also have a collective bargaining Labour Board complaint against Hudson Bay Railroad, pertaining to the "business as usual" clause which we will be discussing with their upper management in the near future. Hopefully, Director Doherty and I can get them to come to their senses and properly compensate our members who were affected by their actions.

Incident in Toronto Yard:

There was an accident and near tragedy in Toronto yard yesterday that I want to bring to your attention. A train ,switching in the yard, collided with a M/W welding truck. Luckily the welders saw it coming, could see that is wasn't going to stop and bailed, avoiding injury or worse. Though the incident is still under investigation, it is my understanding that it was a remote control train (unmanned) and that possible human error sent it into our people. The company immediately reacted by recognizing that one person with a remote control unit is not safe and issued instructions that no train will be operated by remote control without two crewmen, each with clear view of either direction. Thank god that no one was killed to make this point to CPRail, but now its up to us to insure that they do not forget the lesson that they learned here, at the risk of our lives. I have been in discussions with TCRC (running trades) President Gilles Halle today and together we will be dealing with CPRail's practice of reducing the number of necessary employees, just to save a few dollars. As you can see, the job reductions are not just creating safety concerns with the condition of the track.

Detroit/ Windsor 'Job' Tnnel:

Director Spikula and I had a chance to participate in a luncheon meeting in Detroit on Friday, to issue our support for the building of the new CPR rail tunnel between Detroit and Windsor. At the request of General President Hoffa, we were joined by other Rail and International Teamsters and met with members of Congress , senators, mayors and councilmen (from both sides of the border), project engineers, CPRail management and security officers, all united in the interest of building the new tunnel. Not only will the tunnel allow for greater opportunities of trade, it will create hundreds of jobs, relieve the gridlock congestion on Huron Church road in Windsor, help to eliminate rail traffic tie ups on both sides of the border and allow for better security. There are times when labour and management can get together on an issue that is good for all and this was one of those times. The afternoon also gave JJ and I a chance to confer with Teamster BMWE division President Fred Simpson on a number of common issues including boarding car conditions and locations, safety and security, etc. The border does not change the fact that as railroaders we have to fight the same fight.

EFAP:

I would also like to take a short moment and remind all of you about your EFAP program. A couple of close friends of mine are nearing their second years of clean and sober time and it gives me a chance to remember that they wouldn't be there if it wasn't for a few dedicated EFAP referral agents. These people are the unsung heroes out there, giving their all 24/7 to make life better for you. If you have a substance or alchohol problem or just need some advice on where to turn for help with your finances, these are the people to talk to. It is confidential and is non judgemental. They are there for you and to insure that you know where to go to get help.

To close, I would also like to say that you are in our hearts and prayers Brian, and though I didn't know your Brother, I am sorry for your loss.

I'm glad that you are doing well, Rick. But take as much time off as you need, no use coming back too soon and getting sick again.

Brothers and Sisters, if you need anything, don't hesitate to call.

Keep your head up and your eyes open.

in solidarity,

Bill Brehl
President
TCRC MWED