View cases - Stewart McKelvey

15(iv)The Conductors recalled to cover the Vancouver shortage[67] Forty-seven (47) laid off Conductors in the Western region were recalled to cover theVancouver shortage in February 2005. Ms. Storms explained that employees are recalled on aseniority basis, starting with the senior person in the district. She added that CN would not allow asenior employee to bypass an opportunity to work, because that would mean that they were notprotecting their seniority according to the Collective Agreement. At the time of the recall, theComplainant was first on the seniority list of laid off employees at the Jasper terminal.[68] Of the forty-seven (47) laid-off employees recalled, ten (10) reported to Vancouver andthirty (30) did not report and either resigned or were dismissed. The remaining seven (7) wereeither excused from reporting or were required at their home terminal.2010 CHRT 22 (CanLII)[69] The forty-seven (47) employees were initially contacted by phone. According toMs. Storms, when these employees were called they were told that they had fifteen (15) days toreport to cover the shortage. She further added that she had instructed her group not to ventureany information about the possible duration of the shortage since they did not have thatinformation.[70] At the hearing, CN produced Excel Spreadsheets containing information relevant to fiveemployees who, according to its Amended Statement of Particulars, had reported to Vancouver.Counsel for the CHRC requested that CN produce the same information it had provided for thesefive employees for all of the other forty two employees recalled to Vancouver. These documentswere disclosed in the form of Excel spreadsheets and contained numerous pages of informationconcerning their status during the particular period relevant to these proceedings.[71] According to the “Respondent List of Exhibits” in this hearing, CN put into evidence theCATS records for five employees. (See Exhibit R-1, Tab 27 through Tab 31 inclusively.) It putinto evidence two other CATS records (See Exhibits R-10 and R-11). Ms. Storms was questionedand cross-examined thoroughly on them by counsels. For its part the Commission put into