View cases - Stewart McKelvey

7available for work, but if he or she isn’t called to go to work, he or she still gets paid his or hersalary. Only a certain category of employees are allowed to “bid” on the “furlough boards”.These are called “protected” employees, while the “non-protected” employees are not entitled tothe “furlough board”.[31] The changes made to the working conditions in 1992, also created the notion of “forcing”,which produces different results for different categories of employees in the running trades.According to section 148.11 of the Collective Agreement, employees hired subsequent toJune 29 th , 1990, can be forced to cover work at another terminal in the Western region and areobligated to report at that terminal within at most thirty (30) days, unless they present a“satisfactory reason” justifying their failure to do so. These employees are commonly referred toas “category D” employees. They are also referred to as “non-protected” employees, insofar asthey are obligated to respond to a recall outside of their terminal.2010 CHRT 22 (CanLII)[32] Other categories of employees include those who were hired prior to June 29 th , 1990.These are referred to as “protected” employees. In this group of “protected employees”, we havethose who were hired prior to 1982 and who are referred to as “Category A” and “Category B”employees, respectively. These employees cannot be assigned for work outside of their localterminals. Employees hired after 1982, but prior to June 29 th , 1990, are referred to as “CategoryC” employees and may only be assigned to protect work at adjacent terminals. For example,“Category C” employees at the Jasper terminal could only be assigned to the adjacent terminals ofEdson and Kamloops.[33] The status of “protected” employees represents an exception to the general rule.The number of these employees will diminish over time through simple attrition and the statuswill eventually disappear altogether.[34] With the creation of the “furlough boards”, which in essence allowed some employees tobe protected at their home terminal, CN needed to find a way to fill positions in cases of shortagesat other locations. This is where section 148.11 of the Collective Agreement came into being.