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View cases - Stewart McKelvey

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5The training takes from four (4) to six (6) months. The cost of training a locomotive engineer isbetween 28,000$ to 30,000$, in addition to what it cost to train him or her as a Conductor.[21] In order to be qualified to work as a Conductor, an employee must have his rules andmedical cards up to date. These cards have to be renewed every three years. If the employee is onthe working board, he or she will generally get a notice telling him or her that his or her cards areabout to expire and then he or she just needs to make the proper arrangements to bring them up todate. If the employee is on lay off, he will need to take care of this on his own, although for therules card, he or she will need the approval of his supervisor.2010 CHRT 22 (CanLII)[22] When an employee is working or available to work, he is said to be on the “workingboard”. The “working board” includes all employees who are not on lay off. Employees on the“working board” are either on “assignments” or in a “pool”.[23] An employee can also be “set up”, meaning that he will be on the “working board” at histerminal. The decision to “set up” an employee is made by the manager of the terminal.The decision is based on the number of employees needed at the terminal to perform the work thatis expected.[24] There is also another board, which forms part of the “working board” and which isdesignated as the “spare board” or “emergency board”. Employees on this board are only calledto work to fill in when other employees are either on vacation or unavailable to work for any otherreasons.[25] Due to the nature of CN’s operations, running trades employees must be able to workwhere and when required, subject to restrictions imposed by law and by the collective agreement.In light of these considerations, CN feels that mobility and flexibility constitutes basic jobrequirements for these employees. It considers these requirements as necessary because of thevolume of goods CN transports and because of the fluctuation in traffic which can occur over ashort period of time due, for example, to changes in the economy or to seasonal factors such as thegrain harvesting season.

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