View cases - Stewart McKelvey

8an employee of CN until her employment was terminated, in 2005, for refusing to cover theshortage in Vancouver.[35] Her husband is also employed by CN as a locomotive engineer with currently 32 years ofservice.[36] The Complainant worked as a Conductor from 1991 to 1997. In 1997, she was laid off, aswere many other employees of CN. She remained on layoff from November 1997 until February2005. However, her employment relationship with CN was maintained throughout her layoffperiod. The Collective Agreement provides that an employee on lay off will continue toaccumulate seniority. It further provides that he or she can stay on lay off indefinitively or untilhe or she is recalled or resigns.2010 CHRT 23 (CanLII)[37] Between 1997 and 2001, the Complainant had performed some work for CN onemergency calls. More precisely, she worked twenty-five (25) tours of emergency calls between1997 and 2000. In 2001, she worked four (4) more tours. She did not work from thereon.[38] In January 1999, the couple’s first child was born. The second one was born in 2003.Following the birth of her first child, the Complainant still did some emergency work on a fewoccasions, in Jasper, but the calls being unpredictable, this made it difficult for her to make thenecessary child care arrangements. After the birth of her second child, the Complainant did notdo any emergency work for CN.(iii)The Vancouver shortage[39] 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 running trades employeeslocally. According to Ms. Storms seventy two (72) Conductors were needed in Vancouver tocover the shortage and Vancouver had only fifty three (53) Conductors working. She added that“it was definitively one of the most serious shortages that I had seen in my career.”