View cases - Stewart McKelvey

10(iv)The Conductors recalled to cover the Vancouver shortage[46] Forty-seven (47) laid off Conductors were recalled to cover the Vancouver shortage inFebruary 2005. Ms. Storms explained that, in accordance with the Collective Agreement,employees are recalled on a seniority basis, starting with the senior person in the district. Sheadded that CN would not allow a senior employee to bypass an opportunity to work, because thatwould mean that they were not protecting their seniority. At the time of the recall, theComplainant was third out of four on the seniority list of laid off employees at the Jasper terminal.2010 CHRT 23 (CanLII)[47] The forty-seven (47) employees were initially contacted by phone. Again according toMs. Storms, when these employees were called they were told that they had fifteen (15) days toreport to cover the shortage.[48] CN produced at the hearing a document providing part of the work history for some ofthese employees. Ms. Storms explained that this document was a result of information enteredinto the system by crew dispatchers at CMC. She was extensively cross-examined in regards tothis document by the Complainant’s counsel and by counsel for the CHRC. We will go over thisdocument in some detail in the following paragraphs, as it was apparent that this information wasimportant for all the parties. In order to protect the privacy of these employees, they will beidentified by letters which do not correspond to their names.[49] The employee identified by the letters AB, although recalled did not report to theVancouver shortage. On March 22 th , 2005, he was “set up” at the Sioux Lookout terminal. Hecontinued to work there to the end of the year. Having been “set up” at his home terminal, he didnot have to cover the shortage in Vancouver. Although this employee was “set up” on March22 nd , he only worked on March 24 th and then he did not work again until April 1 st . After this datehe works again on April 10 th and 11 th , but doesn’t work until April 18 th . On July 22, he takes apersonal leave and doesn’t return to work until August 12 th . He works from that date to August