View cases - Stewart McKelvey

2A. The Facts(i)The Canadian National Railwaya) General information[6] CN is a federally regulated corporation which derives its revenues from the transportationof goods by train. It is a transcontinental railway company which operates in Canada and in theUnited States. Its freight trains transport goods 24 hours a day, 7 days a week, 365 days a year.[7] CN has more than 15,000 employees in Canada. These employees are organised in twodistinct groups described as “operating” and “non-operating”. The “non-operating” group iscomprised of employees working in clerical, mechanical and engineering positions. The“operating” group employees, also known as “running trades employees”, consist of Conductorsand locomotive engineers.2010 CHRT 24 (CanLII)[8] CN has over 4,000 “running trades” employees throughout Canada of which 2,400 areConductors. According to Ms. Stephanie Ziemer, a Human Resources Officer for CN inVancouver, the figure for Conductors in 2005 would have been slightly higher at 2,500.[9] In answer to a question from CN’s counsel, Ms. Ziemer indicated that CN does not trackthe number of its employees who are parents. She added that this information is only solicitedwhen the employees enroll for CN’s group insurance benefits. She further added that “based onthat information roughly 69 percent of our employees are parents.” According to her evidence thisinformation would be up to date to May 2009. She added that she “would estimate [the number]as being higher because, not everybody participates in our group insurance benefits, particularly ifthey have a spouse that has coverage outside of CN in terms of their employment.”[10] Challenged by Counsel for the Complainant about the accuracy of those numbers,Ms. Ziemer explained that they had been gathered by CN’s manager of benefits administration inMontreal. CN’s counsel then showed counsels for the Complainant and the CHRC what was