View cases - Stewart McKelvey

9[40] 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.[41] A shortage of running trades employees in Vancouver carries significant implications, asit can affect CN’s ability to operate adequately throughout its network.[42] 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, 1990. As such, they were subject to Article 148.11(c) of the Collective Agreement.2010 CHRT 23 (CanLII)[43] Ms. Storms also 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.[44] In terms of how long this “shortage” might last, Mr. Joe Torchia, the Director of LabourRelation for CN, indicated that it might have been possible to give an estimate, but that theywould be reluctant to do so “because then people tend to hold you to it.” He agreed that theuncertainty regarding the length of the shortage could have an impact on what housingarrangements CN might be willing to agree too. Ms. Storms was more precise and indicated thatif the Complainant had reported to Vancouver, she would have probably stayed there forapproximately a year, since the shortage situation in Vancouver was not resolved before 2006.[45] Employees reporting to cover the shortage at the Vancouver terminal, would be asked toshow up at the Thornton Yard, in Surrey, and from there, since Vancouver has a number of yards,they would be taxied to wherever they were needed. Employees would only be informed whenthey got to Vancouver where they were going to work and what shift they would be working on.