View cases - Stewart McKelvey

8It is this provision that allows CN to “force” unprotected employees to other terminals in theWestern region to cover shortages.[35] Prior to the enactment of section 148.11, CN would get employees to cover shortages byissuing what is referred to as a “shortage bulletins” and allowing employees to bid on theseshortages, if they so desired. These “bulletins” were put out at each “change of card” whichwould happen about four times a year. Since it is difficult for CN to predict where a shortage willoccur, these bulletins would cover various locations, whether or not there was actually a shortagethere. Employees who wished to work at a shortage at a certain location would post a bid for thatlocation and if that location ever became short, the employee who had posted a bid could be calledto cover the work there.2010 CHRT 22 (CanLII)[36] CN still puts out shortage bulletins and employees are still allowed to bid on these, butgiven that protected employees can now stay at their home terminal on the furlough board andstill be paid, there is little incentive for them to bid on these potential shortages.[37] CN also uses a system which is referred to as “whitemanning” which allows it to send asurplus of employees at one terminal to an adjacent terminal. For example, in such a scenarioemployees in Kamloops, B.C., would be running trains that the Vancouver crews would normallytake to Kamloops. According to Ms. Storms, “whitemanning” is the first thing CN turns to incase of a shortage, because it is a lot “cheaper” financially than forcing employees to cover ashortage.[38] It is also possible that managers will be called upon during a shortage situation. Almostall of the transportation managers are qualified to operate trains. As a general rule, CN will callupon its managers as a last resort after it has exhausted its supply of running trades employees,including laid off employees.[39] Employees who are assigned to another terminal pursuant to section 148.11 of theCollective Agreement are afforded with certain amenities at their assigned terminal. Theseinclude, when available, rooms equipped with kitchenettes and also the possibility of travelling