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View cases - Stewart McKelvey

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13[55] Employee U was called to cover the shortage in Vancouver at the same time as everyoneelse. Ms. Storms testified that she had personally talked to this employee and had been informedby him that his father was terminally ill. She added that she had then taken it upon herself toextend his time to report. This employee stayed on the laid off board until June 26 th 2005,at which time he was given a leave of absence by the trainmaster at his terminal. On July 24 th ,he was “set up” at his home terminal. His father passed away in October and he booked off onbereavement. He stayed at his home terminal for the remainder of the year.[56] Ms. Storms also testified that initially when they started contacting employees for theshortage, the staff at CMC would just write notes down in their work records as they were makingthe calls. But, because the shortage was so large, things were getting a little “unwieldy” andMs. Storms instructed her staff to put charts together so that they could see where things were andhow many people would cover the shortage. The information we find on these charts weregathered and recorded by different employees at CMC. The first chart was produced on2010 CHRT 23 (CanLII)March 7 th , 2005.[57] The entry on this chart for March 16 th 2005 for Employee E indicates “15 days to report,30 requested. G. Spanos pls advise or arrange travel.” On April 20 th , 2005, the entry shows “PerManitoba Zone [E] has been given a compassionate LOA until further notice – per Ron Smith –due to personal issue.” According to Ms. Storms, Ron Smith is the manager of the runningtrades’ employees for the Manitoba zone. Ms. Storms testified that she did recall “a little bit”about this instance. This situation was very similar to employee U. Employee E had a terminallyill parent as well. On May 19 th , 2005, the entry indicates “Per Manitoba zone this individual hasbeen given a compassionate [leave of absence] until further notice per A. Nashman andK. Carroll.” Mr. Carroll was the general manager of the Vancouver, South Division, andMr. Nashman was the general manager of the Western Operation Centre. Employee E was on aleave of absence until July 30 th , 2005 and afterwards absent without leave from July 31 st toSeptember 8 th . On September 10 th , he is transferred to another terminal (Brandon, Manitoba) andfinally he resigned on October 19 th .

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