View cases - Stewart McKelvey

1120 th , but does not work gain before September 22 nd . He works again on September 30 th and thendoes not work until October 28 th .[50] Employee HI was working on a shortage at Hornepayne at the time of the recall. Heworked on that shortage up until May 18 th , 2005. After that he went home for a week and thenwent to Vancouver to cover the shortage on May 30 th . He was later recalled to his home terminalon September 19 th 2005. He took a transfer to Fort Francis on October 29 th and worked thereuntil the end of the year.2010 CHRT 23 (CanLII)[51] According to the documents produced by CN, while he was in Vancouver, this employeestarted off by doing four (4) shifts of training. After he had completed his training on June 3 rd , heonly starts working on June 9 th , six days later. Ms. Storms specified that it could well be thatduring that time he was still in training, although she did not know for sure. After June 9th, he isshown as “available” from June 17 th to June 26 th and then he is off work for “miles”. That meansthat he had been at the shortage location for a specified amount of time and he could go home fora few days. He did not work in Vancouver from June 16 th to July 6 th . From July 23 rd toAugust 8 th he also did not work. Then he has another break on September 1 st and his nextworking date is September 25 th . On October 29 th , as I’ve stated earlier, he is “set up” inFort-Francis, but does not actually work there before December 22 nd , 2005. When asked by theComplainant’s counsel why an employee would be set up for almost two months and not work,Ms. Storms replied: “I can’t answer that.”[52] Employee P was laid off at North Battleford on February 25 th . On March 19 th he took aweek’s vacation and then he was “set up” at his home terminal on March 26 th . As alreadymentioned, when an employee is set up, he or she is no longer under an obligation to cover ashortage. Ms. Storms did emphasize though that being “set up” does not mean that the employeeis working every day. In the case of employee P, for example, from March 26 th to the end ofApril, he only worked 7 days at his home terminal, but Ms Storms added that we must be carefulwhen looking at this information as those tours can last two (2) or three (3) days each, although no