View cases - Stewart McKelvey

13[57] Due to its location, the Vancouver terminal is a very active one. It includes extensive yardand intermodal operations where goods are transferred from and onto ships. The Vancouverterminal therefore constitutes a focal point for CN’s Canadian market as vast amounts of materialsand consumer goods shipped to and from Asia and North America transits through it and areafterwards transported throughout Canada on CN’s rail network.[58] A shortage of running trades employees in Vancouver carries significant implications, as itcan affect CN’s ability to operate adequately throughout its network.[59] In order to maintain its level of operation, CN decided in February 2005 to recall laid offConductors from the Western region to protect the shortage affecting the Vancouver terminal.These employees were “non-protected” employees with a seniority date subsequent to2010 CHRT 22 (CanLII)June 29 th , 1990. As such, they were subject to Article 148.11(c) of the Collective Agreement.[60] According to Ms. Storms’ evidence, shortages are managed by the Board AdjustmentGroup at CMC. This Group was at that time under the direction of Joe Lyon who reported directlyto Ms. Storms. The Board Adjustment Group dealt with the Vancouver shortage of 2005, butbecause it was short on staff, crew dispatchers were also involved in contacting the employeeswho were recalled to cover the shortage.[61] Ms. Storms testified that during that period she went to Vancouver to help with thedeployment of officers. She added that officers had been called in from all over Canada to helpwith the shortage. She also testified that 2,144 “tours” had been handled by officers during theVancouver shortage. She further added that this “would be the most usage of officers that I’veseen in the west in my career.”[62] In terms of how long this “shortage” might last, Ms. Storms testified that if theComplainant had reported to Vancouver, she would have probably stayed there for approximatelya year, since the shortage situation in Vancouver was not resolved before 2006.