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12[54] Ms. Storms also testified that at about the same period the Jasper terminal was in a surplussituation. She explained that when, as it was the case in Jasper, a terminal has a furlough board, issupporting other terminals with “whitemen” and has employees on lay off, it is considered to be ina surplus situation. But she did acknowledge that in 2005, managers were used in Jasper becauseof train delays. She also added that for “part of 2005” it became busier in Jasper and that afterAugust 6 th , 2005, there was no longer any employees on the furlough board there.[55] Due to its location, the Vancouver terminal is a very active one. It includes extensive yardand intermodal operations where goods are transferred from and onto ships. The Vancouverterminal therefore constitutes a focal point for CN’s Canadian market as vast amounts ofmaterials and consumer goods shipped to and from Asia and North America transits through itand are afterwards transported throughout Canada on CN’s rail network.2010 CHRT 24 (CanLII)[56] A shortage of running trades employees in Vancouver carries significant implications, asit can affect CN’s ability to operate adequately throughout its network.[57] In order to maintain its level of operation, CN decided in February 2005 to recall laid offConductors from the Western region to protect the shortage affecting the Vancouver terminal.These employees were “non-protected” employees with a seniority date subsequent toJune 29 th , 1990. As such, they were subject to Article 148.11(c) of the Collective Agreement.[58] According to Ms. Storms’ evidence, shortages are managed by the Board AdjustmentGroup at CMC. This Group was at that time under the direction of Joe Lyon who reported directlyto Ms. Storms. The Board Adjustment Group dealt with the Vancouver shortage of 2005, butbecause it was short on staff, crew dispatchers were also involved in contacting the employeeswho were recalled to cover the shortage.[59] Ms. Storms testified that during that period she went to Vancouver to help with thedeployment of officers. She added that officers had been called in from all over Canada to helpwith the shortage. She also testified that 2,144 “tours” had been handled by officers during the

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