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View cases - Stewart McKelvey

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11employees on the furlough board in Jasper, there was no opportunity for a laid off employee whobooked “OK” on the emergency board being called.[49] The Complainant’s rules and medical cards expired around 2003. She testified that shehad asked to have her rules recertified, but that her request had been denied by the supervisor inJasper.[50] In 2004, the Complainant obtained a new rules card and pre-employment medicalclearance. Commencing in June 2005, she again worked the Jasper emergency board. In fact,prior to her termination in July, 2005, she had worked 9 tours of duty.2010 CHRT 24 (CanLII)[51] At the beginning of 2005, the Complainant’s eldest child was 11 years old and in grade 6.Her younger child was 10 years old and in grade 5. They were both attending school in Jasper.(iii)The Vancouver shortage[52] In February 2005, CN was experiencing a severe shortage of running trades employees inits Vancouver terminal. This situation was mainly due to a growing economy and an increase inCN’s business volume which had outpaced its capacity to provide enough running tradeemployees locally to cover the work it had. According to Ms. Storms, seventy-two (72)Conductors were needed in Vancouver to cover the shortage and Vancouver had only fifty-three(53) Conductors working, so they were nineteen (19) short. She added that “it was definitivelyone of the most serious shortages that I had seen in my career.”[53] To accentuate the seriousness of this shortage, Ms. Storms testified that for the periodbetween February 4 th , 2005, to January 15 th , 2006, the Vancouver yard had 726 overtime shiftsfor a total amount of $229,350.30. On cross-examination, she added that these numbers includedthe overtime done not only by Conductors, but also by locomotive engineers and, she added,possibly by yardmasters.

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