CPR Wrongful Dismissal Case Goes to Court - TCRC 320

TEAMSTERS CANADA
RAIL CONFERENCE
DIVISION 320
Social and Communications Office
20358-118 th Ave
Maple Ridge, B.C.
V2X 2M4
www.tcrc320.org
September 19, 2010
Subject: CPR Wrongful Dismissal Case Goes to Court
Dear Brothers and Sisters,
Appended please find an e-mail I received from President Bill Brehl of the TCRC MWED
regarding a recent wrongful dismissal, and subsequent court case in Alberta. To read the
court’s finding, please view the document on our site titled “Chapell V CPR”.
In Solidarity,
Murray Douglas
Brothers and Sisters,
The attached document is a court decision recently handed down in Alberta. Although Mr. Chappell
was management at CPR, there is still a lot to be learned from this case.
Ms. Mittleman is now Director of Employee Relations which entails the handling of Human Rights
issues, as well as other matters dealing with employment equity, harassment and
discrimination. Ms. Mittleman is also in charge of privacy issues at CP and deals with cases
involving management and unionized employees.
Mr. Hallam (also mentioned in the decision) has been involved in the investigations of our
members on many occasions, including but not limited to, acting as the investigating officer at
formal statements. I have personally had quite a few disagreements with both Mr. Hallam and Ms.
Mittleman over the years, concerning decisions they have made, positions they have taken and/or
the methods they employ. But this is not simply a case of "..I told you so..".
We cannot simply point fingers at individuals within the company who have acted inappropriately.
We have to realize that all these decisions are being approved (or at least condoned) by many
others. I believe that often the manner in which a company conducts itself is first determined by the
actions and opinions of those at its highest level and then followed by their subordinates.
Mr. Chappell did not have the ability to rely on union representation when he was unjustly treated
and then wrongfully dismissed. He didn't belong to a Union.

It is important that you remember that you do. It is imperative that you always seek the assistance
of your Union representative when faced with any disciplinary investigation. Never blindly trust that
the company will conduct their investigations in a fair and impartial manner, simply because the
law and the collective agreement state that they should.
Though Mr. Chappell was awarded financial 'damages' for the way he was treated, I do not believe
that they even come close to making up for the pain and suffering he received as a result of the
mishandling of his investigation, his wrongful dismissal by CPR and the devastating aftermath.
CPR must make some decisions on how it wants to treat its employees and who it wants dealing
with them. I am told that new VP Ed Harris is going to bring about many management changes in
an effort to streamline CPR and improve its efficiency. A good place to start might be to eliminate
unnecessary and costly court cases (along the line of 'Woollard' and 'Chappelle'), simply by
following the law, the rules and/or the regulations. Not only would this reduce costs and negative
PR, it would improve the quality of life and/or safety of their employees.
I have often been accused by company representatives of being too vocal in my distrust of them,
their motives and their code of ethics. They have repeatedly said that the TCRCMWED is too
strenuous in our objections to their methods and their heavy handed way of dealing with their
employees. We have been told that we are far too critical. One manager even suggested that
because of this, I was the "..most hated man by CPR since Billy Miner.." .
However, decisions like this have renewed and revitalized my commitment to continue strenuously
objecting. They have strengthened my resolve to stay vigilant and watchful, especially when
dealing with Employee Relations. They have again given me reason to not back off and to keep
taking them to task.
We can see how they dealt with Mr. Chapell ... how they repaid his 27 years of loyal service. Now
let's see how they deal with those that directly had a hand in Mr. Chapell's treatment. Let's see if
they can make their "Visions and Values" and "Code of Ethics" more than just lip service, but
actually applicable in the workplace. Let's see if they can actually become the company that they
advertise themselves to be.
Stay safe, stay strong, stay united,
Bill Brehl
President