View cases - Stewart McKelvey

10[44] Because she was hired after 1982, but prior to June 29 th , 1990, the Complainant, if she hadstayed in the Eastern Region, would have been a “Category C” employee which would havemeant that she could only be assigned to protect work at an adjacent terminal. The Complainanttestified that she did not know this when she decided to transfer to the Western Region.According to her evidence, at that time CN and the Union were in the negotiation process and noclasses of employees had yet been created.[45] Just after she moved to Vancouver, the Complainant was laid off and forced to protectwork in McClennan, Alberta. In the spring of 1993, when she was five (5) months pregnant, shewas forced to protect work in Edmonton. Her first child was born on September 8 th , 1993 and her2010 CHRT 24 (CanLII)second on November 30 th , 1994.[46] In 1995, the Complainant and her husband, a locomotive engineer with CN, desiring morestability for their young family, elected to transfer to Jasper, as this terminal had a shortage ofemployees at that time.[47] In 1997, the Complainant and her husband separated. Their divorce was finalized in 2001.According to the divorce order, they share custody of their two children. The children’s primaryresidence is with the Complainant.[48] In September 1998, the Complainant was laid off from her position as Conductor withCN. At that time, the local Union representatives in Jasper had a local agreement with CN. Thatagreement allowed for laid off Conductors who booked on the “emergency board” to be called towork ahead of those employees on the active furlough board. From that time until 2001, theComplainant worked on the Jasper emergency board, responding to calls when needed. The localagreement was changed in 2001, when CN decided that it wanted to be able to call the activefurlough board employees before any laid off employees. CN felt that since it was paying aguarantee to the furlough board employees, but not to the laid off employees, it was financiallyadvantageous for the company to use the furlough board employees first before it had to call thelaid off employees to perform emergency work. After this change, given the number of