May 2008 Volume 1, Issue 1 Teamsters Rail

Teamsters Canada Rail Conference Newsletter

In this issue First issue of Teamsters Rail News

CN Certification ongoing 1 This represents the first ever issue of Teamsters Divisions and individual members from Executive Board creates Rail News, it is planned that future issues will be throughout the country. If you have stories of Education Bursary published quarterly, and is meant to distribute interest to the TCRC members or if there are for members 2 information of interest throughout the TCRC members or family members serving our Executive Board, General membership in Canada. country in a military or other capacity we would Chairs and Provincial Our newsletter will be ongoing and we are like to know and show our support. TCRC Board Chairs meet in Ottawa 2 members volunteering in the community, we are openly soliciting stories of interest from General Railway Safety Act Review Committees, Provincial Legislative Boards, interested in your story. Please contact the Report - Culture of Fear at CN 2 National Office by mail, fax or email.

Canadian Forces – TCRC Member in Afghanistan 3 TCRC - CN Certification ongoing National Office Relocated 3 Over one year has passed since we filed our should not be disruptive to the membership, the TCRC Charges CN with Application for Certification with the Canada Local Committees of Adjustment, the Divisions hiring contract workers 3 Industrial Relations Board (CIRB) to represent or the General Committees. The changes to the TCRC Charges VIA with the Conductors, Trainmen, Yardmen and Bylaws at the Canadian Convention in 2006 Bargaining in Bad Faith 4 Yardmasters at CN, and as of December 27, provide for multi-craft Divisions, and Craft 2007, we finally see this process moving Autonomy. CP Membership Ratifies Contract 4 forward. Furthermore, as of March 7, 2008 the Disputes related to the properties and CIRB Regional Director Registrar has advanced operations within CN have resulted in the CIRB TCRC Training Report 4 his Labour Relations Officer report to the Board decision to include the former BC Rail members, ONTC Motor Coach for their determination on the application. and exclude the members at Northern Quebec Operators vote to join TCRC win strike 5 So far, the CIRB has dismissed the arguments (CFIL) and Mackenzie Northern from this put forward by the UTU International Office and particular certification application. TCRC has April 28, Day of Mourning 6 Canadian National Railways in their objection to subsequently filed separately for certification on our Certification Application. The Dec 27, 2007 those properties. BR&CF Information 7 CIRB decision effectively removed all the We are also extremely pleased with the recent TCRC Bursary Application 8 barriers that have been delaying a membership decision by the Quebec Labour Board in the vote. We continue to urge the Board to case of our Certification Application at the announce the time lines associated with the . On January 17, ballot process as quickly as possible. 2008, we were certified as the bargaining agent “The employees in the bargaining unit are for the over one hundred and forty (140) former being given an opportunity to decide UTU members on the Quebec Gatineau Railway which union they would like to represent and is consistent with other recent decisions them.”...... CIRB Decision Dec 27, 2007 made by former UTU members at Northland Motor Coach Operators, CFMG We are very optimistic for a successful outcome, (Chemin de fer de la Matapédia et du Golfe Inc.) and to once and for all stabilize the situation for and Railway. The new our Canadian Sisters and Brothers within the members at QGR are presently in the process UTU. The TCRC structure allows for the easy of establishing two new Divisions. integration of these new members. Transition Teamsters Rail Page 2 of 8

Executive Board creates Education

Bursary for members Twenty Bursaries of The National Executive Board has established a Secondary Education Institution. It is not $500.00 each will be TCRC National Education Bursary program. available to National Officers or staff to avoid available each year Twenty Bursaries of $500.00 each will be conflict of interest. Further details and to the spouse, child available each year to the spouse, child or applications will be distributed to each Division. or grandchild of an grandchild of an active TCRC member actively A 2008 application form for this Bursary is active TCRC enrolled in a recognized Canadian Post member … located on the last page of this Newsletter.

Executive Board, General Chairs and Provincial Board Chairs meet in Ottawa This past January the first ever meeting with all Union Officers and general membership utilizing of the General Chairs, Provincial Board Chairs, the resources already in place, with possible and the entire National Executive Board was ideas involving the use of electronic access, on hosted in Ottawa. President Shewchuk chaired line education, interactive tools, instruction the sessions over two days, where everyone videos, power-point presentations, manuals, and had the opportunity to discuss the Union face to face classroom instruction. Immediate operations, the issues we are facing, and the emphasis is to train the newly elected or direction the Union should be proceeding over inexperienced Union Officers beginning this year, the course of the upcoming year. This is seen and continue to expand the training opportunities as a proactive approach to planning and to throughout the Union using a combination of ensure the Union is achieving the stated acceptable methods covering a variety of objectives of the TCRC. relevant issues. Considerable time was spent discussing the The discussions and the overwhelming interest TCRC Training Program development. shown by all of the Officers throughout the Discussions emphasized the importance of meeting reinforce a refreshing and invigorating new direction for our Union. Railway Safety Act Review Report - Culture of Fear at CN On March 7, 2008 the Railway Safety Act concrete steps to improve." CN train wrecks Canada have the authority to require voice review report was tabled in the House of were responsible for at least two of the recorders in all locomotives, which we Commons. environmental disasters that set off the safety oppose. The panel report states the industry is facing review. Teamsters Canada Rail Conference does specific, safety-related operations issues that This comprehensive report includes over 50 not endorse all of the recommendations affect both people and equipment. "These recommendations including contained within the Report, and does not include fatigue management, locomotive design, • A regulatory requirement for the Rail Traffic believe the rights of Canadian Rail locomotive event and voice recorder, rail traffic Controllers to remain within the Canadian Employees should be reduced to the point control locations, track and infrastructure, borders. where the employer can record all of the training, train dynamics and drug and alcohol • Training and retention of employees. employees’ actions and words in the programs," the report states. The report also • Improve safety at existing crossings. workplace. indicated CN's strict adherence to a rules-based • Establish a more robust system of fatigue TCRC made multiple representations to the approach focused on disciplinary actions when management plans. panel through the Rail Traffic Controllers, mistakes were made. • Develop acceptable standards for ne and the National, New Brunswick, Ontario, CN "has instilled a 'culture of fear and discipline' locomotives and develop strategies to deal Manitoba, Saskatchewan, and Alberta and is counter to an effective safety with poor design of existing locomotives. Legislative Boards, along with Divisions 320 management system," the report said. "CN The Report, funded by Transport Canada, even (Coquitlam), 583 (Winnipeg), 898 (Jasper), needs to acknowledge this openly and take goes so far as to recommend that Transport and 945 (Vancouver). Page 3 of 8 Teamsters Rail

Canadian Forces – TCRC Member in Afghanistan Sergeant Mike Bergan is far member of Division 320 Afghanistan which is helping away from the switching lead in Coquitlam since May 2004, the Afghans develop their Coquitlam Yard, as he is Mike expresses his thanks to Security Forces. I will be here presently serving a tour in everyone for their kind words till the end of July 2008.” Afghanistan as part of the of support and thoughts, and Canadians Support our Troops. Canadian Forces Royal he often thinks of the trains In addition to providing morale Westminster Regiment. This is back home and how much the and welfare programs, his first tour in Afghanistan, military and the railway are activities, and services however Mike is well similar. Division 320 members to enhance the quality of life of experienced having been in have sent two care packages the Canadian Forces the Infantry Reserve Unit since to Brother Bergan which community, the Canadian 1993 and served in a similar included something for the Forces Personnel Support “It is very rewarding as I am tour in Bosnia. Afghan children too. Agency offers Canadians right at the pointed edge of what we are trying to In Kandahar Mike works with a Brother Bergan recently several ways of supporting the dedicated men and women accomplish here in NATO Multinational unit whose commented: “It is very Afghanistan which is responsibilities include liaising rewarding as I am right at the who serve our country. Further helping the Afghans with the Afghan National Police pointed edge of what we are information can be obtained develop their Security and the Afghan Army. A trying to accomplish here in through the CFPSA website: Forces. I will be here till the www.cfpsa.com end of July 2008.” Mike Bergan. National Office Relocated

The National office has however is more functionally management and also things running while the changed addresses within designed and provides a project management move was taking place and Ottawa. The distance of the significant improvement in work features. throughout the preparation move is not as great as the space and file storage. This modernization of the and completion of the move improvement it represents. A A new and modern Division National Office will in order to insure that significant savings in rental and membership database has continue with further everything was installed and charges has been achieved, been designed and installed. process improvements in working satisfactorily. which represents cost savings of The updating of all the TCRC electronic filing, research Any TCRC member who almost two hundred thousand membership records is methods, and electronic finds themselves in Ottawa dollars over the next four years. underway, and we have begun file management. is invited into your new The new office is slightly to design the expansion of the National Office. smaller in square footage, The National Office Staff database to include file worked very hard to keep TCRC Charges CN with hiring contract workers On November 7, 2007 the TCRC filed a working conditions. In both this file, and the International. CN did not oppose the UTU complaint of an unfair labour practice against certification application, the UTU International application for intervener CN Rail alleging violations of Sections 24 and International and CN have acted in tandem status. The TCRC supported both 94 of the Canada Labour Code. This complaint and in concert to oppose the application for applications for intervener status. was filed as a result of the practice by CN of certification filed by the TCRC. The Board scheduled a Case Management hiring contract workers to perform bargaining In this complaint, the UTU International Meeting for March 7, 2008. At that meeting unit work, primarily as Conductors. The applied for intervener status and also the TCRC suggested to postpone hearing complaint was filed in order to protect the requested the Board to dismiss the the complaint until the TCRC application integrity of the bargaining unit prior to the complaint. UTU General Chairman G. for certification at CN is completed. Once holding of a representational vote, and to Ethier also applied for intervener status; again, both CN and the UTU International protect bargaining unit work against a however his application was strongly objected to the TCRC request. The matter campaign to undermine bargaining unit hiring opposed by both CN and the UTU presently remains with the Board and we and establishing different rates of pay and are patiently awaiting their decision. Teamsters Rail Page 4 of 8 Page 4 of 8

TCRC Charges VIA with Bargaining in Bad Faith On October 9, 2007 the TCRC filed a unsuccessful. The Board conducted hearings and they are properly proposed in the usual complaint with the Canadian Industrial into the matter on March 4th, and 5th, but were manner as part of the Company Bargaining Relations Board on behalf of all unable to hear all the relevant arguments. Proposals, and not an Estoppel issue. TCRC members within the three governing Attempts at mediating a resolve were made, but The TCRC position is since the commencement General Committees. The Complaint were again unsuccessful. The Board has of bargaining, VIA has implemented a number of pursuant to Section 97 of the Labour Code, scheduled a continuation of the hearings on significant changes to the terms and conditions charged VIA Rail with Breach Of Duty to June 9 and 10, 2008. of employment and practices under the Bargain in Good Faith and Breach of Duty Within VIA Rail’s proposals were included an Collective Agreement, thereby disregarding its not to change Terms and Conditions, in “Estoppel Notice” purporting to clarify and obligations under Section 50 of the Code. This contravention of Section 50 of the Code. correct certain terms within the Collective pertains to; refusal to fill permanent vacancies, Contract proposals have been initially Agreement, such as Hours of Service, Overtime, implementation of a Chain Gang method of exchanged in June 2007, with two Service at Terminals, Tied up between operation, introduction of “non-assigned days”, subsequent bargaining sessions taking terminals, (where they purport to have crews cancellation of Training Agreement, place. Further bargaining was scheduled for provided sleeping accommodations on trains) and expansion of territories within which January 29 and 30, 2008, and that time was Grievance Procedure, Annual Vacation, members can be required to work. utilized in an attempt to resolve the Uniforms, and Yardmaster Overtime. The TCRC outstanding complaint, which was Further updates on how this matter progresses position is these are, in effect, new demands will be distributed by the General Chairmen.

CP Membership Ratifies Contract Membership at Canadian Pacific recently within 10 hours, Earned days off which can be Agreements into one Agreement. ratified a five year contract, with over 73% of taken without employer consent, Banked The Bargaining Committee at CP bargained the membership casting a ballot. earnings, Performance Incentive with the employer throughout the spring and Program, Compassionate Leave of Absence, Some terms of the Agreement are as follows: summer, applying for the assistance of Federal Rest after four hour safety meetings, General wage increase16% over the term, with Mediation and Conciliation Services in June. improvements to Yard Lunchroom and additional 50 cents an hour for yard crews, shift The bargaining committee eventually obtaining Bunkhouses, Spareboard Guarantee changed differential increase to $0.75 and $1.00, a settlement on September 1, 2007, however to bi-weekly, Establish payment for switching $2,000.00 payment to new hires upon 21 that MOS was not ratified by the membership in locomotives, Lost wages to attend months of service, increase to pension formula a close vote counted in mid November. The company required medical to 1.8% up to YMPE, Annual Dental max to General Chairs returned to talks with CP, examinations, change to temporary manager $1,525.00, Massa ge Therapist $500.00 eventually obtaining improvements and some seniority protection. There are also a number of annually, Vision care to $250.00 annually, changes to the previous MOS. On February 13, other changes throughout the Agreement, penalty payment when not arrived and off duty 2008 the settlement was ratified. including consolidation of the four Collective

TCRC Training Report President Shewchuk acted quickly to begin the the existing Local Chairs will have received some facilitate training and education for process of change and improvement to the training through this initial training initiative. TCRC members. TCRC. The 2006 Convention delegates had Vice President Finnson has ongoing responsibility Further details will be distributed previously embraced his commitment to organize, develop, and deliver a more to establish and roll out a comprehensive when the courses, dates and comprehensive and thorough training program locations are finalized. Education and Training Program throughout the throughout Canada. He is working closely with the TCRC. This process has begun. General Chairs, the National Legislative Director, The most immediate opportunity to initiate Teamsters Canada and the BLET. The Executive Board has training presented itself through the four In 2008, a more comprehensive training program Triennial General Committee Meetings that budgeted $2.00 per member, will begin, with a focus on training the new Local per month, for the next three were already scheduled in 2007. A total of 76 Chairs, Vice LC’s, Legislative Reps, Alternate Local Chairs received a one day initial program years to facilitate training LR’s, along with Presidents and Secretary and education for TCRC of training and instruction to assist them. Treasurers at the Division level. Additional training sessions will be hosted at two members.. of the General Committee meetings scheduled The Executive Board has budgeted $2.00 per within 2008, which will mean that over 80% of member, per month, for the next three years to Page 5 of 8 Teamsters Rail

ONTC Motor Coach Operators vote to join TCRC – win strike In September 2007 the Motor membership registered a the membership. Coach Operators at (ONTC) 100% percent strike vote The Settlement included; a Ontario Northland Transportation mandate and served strike $1000.00 signing bonus, 3% Commission were certified as notice onto the employer in annual increase to rates of members of the Teamsters order to obtain a fair and pay, increased deadhead rate, Canada Rail Conference. reasonable contract. increased shift differential These members chose the Vice President Finnson met which now applies to all runs TCRC over their previous with the new members, and and employees, reduction in Union because they had been assisted by Local Chairman step rate by one year, under-represented for years. Tony Wentzell and Vice Local increased overtime rate, The employer had gained an Chairman Marc McMahon increased job rates, increased appetite for concessions entered into discussions with service time rate, established paramedical coverage, and numerous through the previous the employer. The employer charter service time, increased changes to work rules and associated bargaining agent, and would not table an acceptable charter rates when not used, practices to address ongoing concerns the Motor Coach Operators offer for these members so increased meal allowance and of the members. The various changes were clear in their message strike action began on reduced the hours to achieve increase individual wages between they wanted the TCRC to fight September 29th. The strike meals, expanded bereavement 14% and 25% over the term which for them and they wanted continued until December 8th, leave, Union Officer education expires in three years. improvements to their when an acceptable agreement fund, increase to benefits, Collective Agreement. The was negotiated and ratified by establish new benefit for

TCRC Elected National Executive Board

TCRC National elections were concluded on February 12, 2007. Daniel J. Shewchuk was declared the first ever Nationally Elected Teamster Canada Rail Conference President.

Douglas Finnson was declared elected as National Vice President, and Jim Flegel elected as National Secretary Treasurer. This concluded the National Executive Board election process which began at the Inaugural TCRC Canadian Convention held in Ottawa in September 2006. The Convention Delegates elected P. Vickers as Recording Secretary; D. Able, D. Genereux, and B. Willows as Trustees; and M. Wheten as National Legislative Director. President Shewchuk expresses his sincere TCRC National Executive Board appreciation on behalf of the Executive Board for the significant level of membership (L to R) . P. Vickers, D. Able, D. Genereux, D. Finnson, D. Shewchuk, support. B. Willows, M. Wheten (NLD), J. Flegel

Teamsters Rail Page 6 of 8

April 28 – A day of Mourning

MORE THAN TWENTY YEARS AGO the Canadian Labour Congress declared April 28 a National Day of Mourning for workers who have been killed, suffer disease or injury as a result of work. Every year since, unions, labour councils, families and community partners gather by the thousands to 'mourn for the dead'. What began through the efforts of Canada's labour movement is now observed in more than 100 countries.

On April 28 honour those who have lost their lives or paid with their health. You can:

• encourage others to attend a Day of Mourning event • draft a message for your organization's publication or web site • work with local media to promote the Day's significance, write about worker monuments and cover Day of Mourning events • lobby politicians to recognize the Day through proclamation • invite faith communities and social justice groups to observe the Day • convince employers and public institutions to lower flags to half-mast.

The Day of Mourning though, is also intended to focus attention on what we can do to break the silence of indifference and say enough to the suffering caused by hazardous working conditions. On April 28 let's resolve to action that restores and promotes dignity and health in our workplaces and our communities. On this day and each that follows you can:

• educate others about basic health and safety rights and prevention measures • help social justice and other groups educate at-risk members of our communities • negotiate greater decision-making power for worker representatives and joint committees • make health and safety a collective bargaining priority • encourage local media to report on health, safety and environmental issues • encourage MPs and/or MPPs to support ergonomic and violence regulations and stronger enforcement of existing legislation • create monuments to promote public awareness of workplace health and safety. Article From The Workers Health & Safety Centre Website

On April 28 let's resolve to action that restores and promotes dignity and health in our workplaces and our communities.

Canadian Labour Congress Monument Ottawa Page 7 of 8 Teamsters Rail

BR&CF membership needed in today’s railroad Teamsters Canada Rail Conference Suite 1710 By Mark Robb International President 130 Albert Street Brotherhood's Relief and Compensation Fund Ottawa, Ontario K1P 5G4 You are invited to apply to become a member of the Brotherhood's Relief & Compensation Fund. A BR&CF membership will lighten your financial burden when you are "Held Out of PHONE: Service" as discipline for eligible occurrences. For over 95 years the BR&CF has provided 613-235-1828 the security of job income protection at an affordable cost to U.S. and Canadian railroaders. When you are "Held Out of Service" and assessed discipline by the railroad for an honest FAX: mistake your local chairman will have done all he could to save your job and your union will 613-235-1069 demand that you be given the right to appeal in an effort to get you back to work as soon as possible. E-MAIL: Along with the hardships surrounding a suspension from work goes the financial burden of [email protected] lost income. How long will you be without a paycheck? How much of your savings will it take

to sustain you and your family for a month, three months or possibly a year? Do you dip into Publication Mail No. 40031269 the children's college fund or your retirement savings? Will there be tax penalties for collapsing saving or retirement plans too early? How will you maintain your medical coverage? Your bills will begin to pile up and your friends will feel sorry for you. Your creditors will take a closer look at your credit. You may feel defenseless. BR&CF members have peace of mind in knowing that when the unexpected happens they have the best job income protection in the business. A BR&CF membership could clothe, feed and shelter your family, help pay your bills and provide you with a monthly income while you await reinstatement. There is no need to put your entire life on hold because you, or We’re on the Web! someone else, made a mistake. See us at: In addition, members are eligible for a one-time lump-sum retirement benefit based on length www.teamstersrail.ca of membership and age. Included with your membership, at no extra charge, is a $50,000 accidental death and dismemberment benefit applicable while “on duty” at the railroad. It is difficult to know when trouble will occur. Some U.S. railroads are assessing a minimum of 120 days suspension to railroad workers for their first occurrence in twenty years or more of incident free service. Discipline assessed railroad workers employed on the major U.S. railroads has reached an all time high. In our last fiscal year we provided over 11 million dollars to our members who either lost their jobs temporarily or permanently. We are monitoring this situation closely and if this trend continues, a BR&CF dues increase may become inevitable. If a dues increase becomes necessary I assure you that the BR&CF will remain affordable and continue to be the best value. Act now before you are exposed to harsh discipline. Complete the membership application today and enclose a check for your dues. If you have any questions, call toll free 800 233- 7080. Our office hours are 8:00 a.m. to 4:15 p.m., Eastern Standard Time.

TEAMSTERS CANADA RAIL CONFERENCE NATIONAL OFFICE 2008 APPLICATION FORM $500.00 BURSARY

The TCRC National Executive Board has established an annual bursary program which is governed by the following parameters: 1. Total of Twenty (20) bursaries annually valued at five hundred dollars each. 2. Paid directly to the Canadian Post Secondary Educational Institution. 3. Eligibility is spouse, child or grandchild of an active TCRC Member. 4. Not available to family members of National Officers or staff. 5. Application accompanied by 500 word essay, typed, double spaced, 12 font size. 6. Bursary is not carried over to next year. 7. Eligible person must be enrolled and accepted into a recognized and certified Canadian Post Secondary Education Institution. 8. Deadline for applications is May 30 annually. (exception: in 2008 the application deadline is September 1, 2008) 9. All decisions on the selection of successful applicants are final.

Subject of the essay: “The Role of Unions within Canada”

How to Apply: Complete this application form, attach a student prepared essay. Mail to: TCRC National Bursary Program Suite 1710, 130 Albert Street Ottawa, ON K1P 5G4

STUDENT NAME:

ADDRESS:

PHONE:

SCHOOL LAST ATTENDED:

POST SECONDARY SCHOOL:

ACTIVE TCRC MEMBER NAME:

DIVISION / LOCATION:

STUDENT RELATIONSHIP TO TCRC MEMBER: