View cases - Stewart McKelvey

12[53] After her return to Jasper from Tucson, the Complainant noticed that her son wascoughing a lot and that he could not breathe well when playing. She became concerned andsought medical attention. In January 2005, the condition became worse and her doctor referredher to a specialist. She was able to make an appointment for April 2005. Her son was diagnosedwith respiratory difficulties.(iii) The Vancouver shortage[54] In February 2005, CN was experiencing a severe shortage of running trades employees inits Vancouver terminal. This situation was mainly due to a growing economy and an increase inCN’s business volume which had outpaced its capacity to provide enough running tradeemployees locally to cover the work it had. According to Ms. Storms, seventy-two (72)Conductors were needed in Vancouver to cover the shortage and Vancouver had only fifty-three(53) Conductors working, so they were nineteen (19) short. She added that “it was definitivelyone of the most serious shortages that I had seen in my career.”2010 CHRT 22 (CanLII)[55] To accentuate the seriousness of this shortage, Ms. Storms testified that for the periodbetween February 4 th , 2005 to January 15 th , 2006, the Vancouver yard had 726 overtime shifts fora total amount of $229,350.30. On cross-examination, she added that these numbers included theovertime done not only by Conductors, but also by locomotive engineers and, she added, possiblyby yardmasters.[56] Ms. Storms also testified that at about the same period the Jasper terminal was in a surplussituation. She explained that when, as it was the case in Jasper, a terminal has a furlough board, issupporting other terminals with “whitemen” and has employees on lay off, it is considered to be ina surplus situation. But she did acknowledge that in 2005, managers were used in Jasper becauseof train delays. She also added that for “part of 2005” it became busier in Jasper and that afterAugust 6 th , 2005, there was no longer any employees on the furlough board there.