View cases - Stewart McKelvey

24[100] The Complainant testified that at the beginning of 2005, she had begun to watch theboards in CN’s Jasper terminal, because she was the senior laid off Conductor in the terminal andas a result, she was next in line to be called back to work.[101] The Complainant also explained that, having made arrangements for the care of her son,she had begun to book “OK” with CMC for emergency trips. Her first trip was onFebruary 27 th , 2005.[102] On February 23 rd or 24 th , 2005, she received a call from CMC. The CMC employee wasasking her how long it would take her to go to work if she were to be set up to a working board.She replied that she was ready. With this call, she felt that she was now very close to getting backto her career on the railroad. She added that she had also spoken to the Superintendant in Jasperand that he had told her that things were getting busier and that she should have her qualificationsready.2010 CHRT 22 (CanLII)[103] On February 26 th , 2005, she received a telephone call from Joe Lyon advising her that shehad fifteen (15) days to report to cover a yard shortage in Vancouver. The Complainant testifiedthat she was totally shocked and dismayed by this phone call. She added that she had askedMr. Lyons how long the shortage would be and that he had replied that it would be a while.[104] The Complainant testified about how the call to report to the Vancouver shortage hadmade her feel. She explained that she had tried to evaluate the options for herself and her son. Shealso added that, given the negative impact of her separation from her son while she was inSt. Louis, she did not consider as a viable option leaving him in Jasper while she went toVancouver. She also explained that she had worked a shortage in Vancouver in the past and shedid not see that there was any reasonable opportunity to bring the child to live with her where thecrews were being housed. Furthermore, there was no nearby school for her son who was finishingkindergarten and who would be starting Grade one in the fall. She didn’t know if there were anychild care options as she had no family in Vancouver to assist her.