View cases - Stewart McKelvey

18during a meeting where various topics were on the agenda. He added that he does not recall if hetook any notes during this meeting or if any memos or emails were thereafter prepared.He further testified that he was the “decision maker” in regards to whether or not the extensionwould be granted.[74] On June 20 th , 2005, L. Gallegos, Manager Operations. Crew Management,Western Operations Centre, who had by then replaced Mr. Lyons, wrote to the Complainantindicating that CN had accommodated her needs for additional time to consider her options andmake the necessary child-care arrangements. CN requested that the Complainant advise it byJune 30 th , 2005, whether or not she would report for duty to cover the shortage in Vancouver andit further informed her that her failure to do so would result in her forfeiting her seniority and heremployment being terminated in accordance with the terms of Article 148.11 of the collectiveagreement. The letter added:2010 CHRT 23 (CanLII)“While the Company recognizes that your child care is an important personalresponsibility, you must also acknowledge that your obligation to CN is to managethese personal obligations in such a way that you are also able to fulfill youremployment and collective agreement obligations.”[75] On June 27 th , 2005, the Complainant received another letter from Mrs. Gallegosinforming her that her failure to report to Vancouver by that day, would result in her forfeiting herseniority rights and her services with the company being dispensed with at noon on July 2 nd 2005,in accordance with the provision of the collective agreement.[76] Ms. Gallegos was not called as a witness at the hearing and no explanation for her absencewas given.[77] On June 27 th , 2005, the Complainant wrote a letter to Ms. Gallegos in which she states:You have not addressed my previous letter dated March 26/05 which clearly statesmy position and my request to CN that would alleviate this situation. I did notrequest additional time to make necessary child-care arrangements as your letter