Archived Collective Agreement Language

Employee & Family Assistance Program

(EFAP)

 

 

Canadian Pacific Railway and the Teamsters Canada Rail Conference have a joint Employee and Family Assistance Program (EFAP) in place to offer employees and their families a wide variety of assistance.  Employees or their family members may seek information about services offered by contacting an EFAP Referral Agent, a list of whom is contained in the current timetables.

 

As part of the EFAP, the Company has introduced a Critical Incident Response Program for employees involved in an on-the-job incident such as an accident involving death or serious injury.

 

Preamble

 

 

 

The right to make and interpret contracts, rules, rates and working conditions for Locomotive Engineers and the handling of all grievances arising out of service as Locomotive Engineers shall be vested in the regularly constituted committee of the Teamster’s Canada Rail Conference, (Locomotive Engineers).

 

Notwithstanding anything contained in this agreement any Locomotive Engineer may present his personal grievance to the Company at any time.

 

No change will be made in the application of any rule contained in this agreement without consultation with the General Chairman, Teamster’s Canada Rail Conference, (Locomotive Engineers).

 

The Company recognizes the Teamster’s Canada Rail Conference, (Locomotive Engineers) (the "Union") as the sole and exclusive bargaining agent for all of its employees classified as Locomotive Engineers.

 

The use of masculine gender in the Collective Agreement includes the feminine and vice versa.

 

Language that is referenced as “Archived” remains in effect even though removed from this Collective Agreement book.

 

The Company and the Union acknowledge that they will support Employment Equity plans that have been developed in consultation with the Union to address Employment.


Table of Contents

 

Article 1 – Rates of Pay.. 1

1.01   Passenger Service. 1

1.02   Freight Service. 1

1.03   Conductor-Only Operations In Freight Service. 1

1.04   Short Run Passenger Service. 2

1.05   Self-Propelled Passenger Service. 2

1.06   Yard Service. 2

1.07   Shift Differential. 2

1.08   Way freight Service. 2

1.09   Road Switcher Service. 2

1.10   Work Train Service. 3

1.11   Minimum Day in Passenger Service - Archived.. 3

1.12   Application of Freight Rates. 3

1.13   Valley Differentials. 3

1.14   Engineer - Instructors. 3

1.15   Starting Rates - New Employees. 4

Letter Re:     Training Protocol 4

1.16   Train Length Allowance. 6

1.17   Length of Run Allowance. 6

1.18   Fixed Mileage Method of Pay.. 6

Article 2 – Road service.. 9

Assigned Pusher Service. 10

Road Switching. 10

Designated Turnaround Points. 11

Mountain Pusher Payment 11

Article 3 – Preparatory, Initial & Final Time.. 12

3.02   Freight, Way freight, Mixed, Unassigned Pusher and Unassigned Snow Service  12

Designated Points. 13

Letter Re:  Initial time when transported to Away from home terminal (AFHT) 14

Article 4 – Yard service.. 15

4.02   Five Day Work Week.. 15

4.04   Non-Consecutive Days Off. 15

4.05  Basic Day.. 15

4.06   Overtime. 16

4.12   Guarantee. 17

Article 5 – Miscellaneous Service.. 19

5.01   Dead Engine. 19

5.02   Straightaway Deadheading and Combination Deadheading.. 19

Straightaway. 19

Combination. 20

Turnaround Combination Service. 20

5.03   Watching Engine. 22

5.04   Special Service. 22

5.05   Attending Court. 22

5.06   Picking Up and Setting Out Diesel Units In Road Service. 22

5.07   Payment For Examinations. 23

5.08   Jury Duty.. 23

5.09   Rules Qualification Training and Examination.. 23

5.10   Instruction Classes (Other Than RQ Training) 25

5.11   Training Program Development. 26

5.12   Expanded Crew Change Locations. 26

Expanded Crew Change Location - Questions & Answers. 27

Letter Re:  TCS. 33

Letter Re:  Appropriate time to be held off in advance of RQ training. 34

Letter Re:  Payment following RQ Training. 35

Letter Re:  Other than RQ Training/4-hour Safety Meetings. 36

Article 6 – Work related equipment, handling radio & documentation   37

Article 7 – Way freight service.. 37

Article 8 – Road switcher service.. 38

Article 9 – Work train service.. 38

Article 10 – Called and cancelled.. 42

Article 11 – Held-away-from-home terminal.. 42

Article 12 – Electric locomotive, diesel electric, either multiple unit or single   43

Article 12 A – Second engineer in passenger service.. 43

Article 13 - Doubling.. 43

Article 14 - Piloting.. 43

Article 15 – Running off mainline.. 44

Letter Re:  Off-Mainline/Conductor Only Premium Payment Enroute (EC) 44

Article 16 – Rest house facilities. 45

Article 17 – Annual vacation with pay.. 46

Section 1. 46

Section 2. 48

Section 3. 48

Section 4. 48

Section 5. 49

Letter  Re:  Flat Lining of Annual Vacation. 49

Letter Re:  Closing date for annual vacation bulletins. 50

Letter Re:  Annual Vacation Allotment 51

Letter Re:  Days Worked or Available. 52

Annual Vacation Matrix. 53

Article 18 – General Holidays. 54

Article 19 - Bereavement.. 56

Article 20 – Leave of absence.. 56

Article 21 - Seniority.. 57

21.10                Voluntary Relocation without benefits. 59

21.11                Voluntary Relocation with benefits. 59

Letter Re:  VROPE/VROUE/VROQUE/ Compassionate Transfers, from 2003 –2006 Memorandum of Settlement 60

21.12                Union Security.. 61

Article 22 – Grievance procedure.. 62

22.01                Wage claim not allowed.. 62

22.02                Grievance concerning wage claims or alleged violations of the collective agreement. 62

Step 1 - Presentation of Grievance to the Designated Supervisor 62

Step 2 - Appeal to the Designated Company Officer 62

Step 3 - Appeal to General Manager 62

22.03                Appeal against discipline imposed.. 62

Step 1 - Appeal to the Designated Company Officer 62

Step 2 - Appeal to General Manager 63

Article 23 – Investigations & Discipline.. 63

23.07                Informal Handling.. 64

23.08                Admission Of Responsibility.. 65

23.09                Deferred Discipline. 65

Letter Re:  Investigations and Discipline - Effective July 1, 1995. 66

Letter Re:  Investigations and Discipline July 25, 1989. 67

Letter Re: Examine witnesses during an investigation. 69

Letter Re:  Customer Relations. 70

Article 24 – Complaints of engineers. 71

Article 25 - Calling.. 71

25.04                Balance of Paycheques. 71

25.05                Filling of Vacancies – Weekly Placement Process. 72

Letter Re:  Calling employees, use of taxi 73

Article 26 – fuel, sand & water.. 74

Article 27 - Rest.. 74

(4)                Personal rest booked beyond the commencement of the following day's tour of duty, which results in the employee making themselves unavailable for duty on that day shall result in a reduction of any guarantee payable.Letter Re: Rest 76

Article 28 - Meals. 77

Article 29 – Locomotive conditions. 77

Letter Re:     Cab Committee November 13, 2004. 78

Article 30 – Handling of Locomotive Engineers. 79

30.18                Engineer-Instructors. 81

30.19                Familiarization Trips. 82

Letter Re:  Runaround. 83

Letter Re:  Runaround at Away from home terminal (AFHT) 84


Article 31 – Health & Welfare.. 85

31.01                Weekly Indemnity and Life Insurance. 85

(1) Group Life Insurance. 85

(2) Weekly Indemnity (Sickness) Benefits. 85

31.02                Life Insurance Upon Retirement. 86

31.03                Dental Plan.. 86

31.04                Extended Health and Vision Care Plan.. 86

31.05                Basic Extended Health Care Plan Upon Retirement. 87

31.06                Long Term Disability Plan.. 87

31.07                Pension Plan.. 88

Article 32 – Booking unfit.. 88

Article 33 – Mileage regulations. 89

Letter Re:     Regulation of Pools. 91

Article 34 – material changes in working conditions. 92

34.11            Relocation Expenses. 93

APPENDIX "A" - APPRAISAL PROCEDURE. 95

Letter Re:     Claims for reimbursement for loss sustained on sale of home. 97

Article 35 – Local rules. 98

Article 36 – final settlement of disputes without work stoppage.. 98

Article 37 –Printing of collective agreement.. 98

Article 38 – Conductor-Only train operations. 98

38.02                Attrition Opportunities. 98

38.03                Separation Plan.. 99

38.04                Bridging Plan.. 100

38.05                Severance Plan.. 101

Article 39 – internal detouring.. 101

Article 40 – Duration of Agreement.. 103

Article 41 – Return to work policy.. 103

Letter Re:     Medically Restricted Locomotive Engineers. 104

Letter Re:     Absence from duty due to illness or non-compensable injury. 105


Appended local rules, agreements and letters. 107

UNION DUES AGREEMENT. 107

Letter Re:     Union Dues. 109

Letter Re:     Returning Locomotive Engineer to Home terminal 110

Letter Re:     Safety and Health matters. 111

Letter Re:     Union selection of members to joint committees. 112

Letter Re:     CREW CALLING - CMA & MTPL. 113

Letter Re:     Rocky Mountaineer 114

Letter Re:     HRIS / CCS. 115

Letter Re:     Fact Finding Process. 116

Letter Re:     Collective Agreement Consolidation. 119

Letter Re:     Banking of Certain Payments. 120

Map of Changes from original documents. 121

Changes to Collective Agreement from Memorandum of Settlement 122

Miscellaneous Changes to Agreement 125
Archived Collective Agreement Language


 

1.01     Passenger Service

Rates of pay per day of 100 miles in:

Rates Effective

January 1, 2003

January 1, 2004

January 1, 2005

January 1, 2006

 

$130.68

$134.60

$137.97

$142.11

Minimum Rates where applicable

 

Step Rates Archived.

 

1.02     Freight Service

 

Rates of pay per day of 100 miles in:

 

EFFECTIVE

Power

jan 1 2003

jan 1 2004

jan 1 2005

jan 1 2006

 

1 Unit

$152.45

$157.02

$160.95

$165.78

2 Units

$156.09

$160.77

$164.79

$169.73

3 Units

$159.77

$164.56

$168.67

$173.73

4 Units

$162.79

$167.67

$171.86

$177.02

1 Unit of 3000 H.P. or over

$153.04

$157.63

$161.57

$166.42

Add for each additional Unit and/or activated Robot car

$2.94

$2.94

$2.94

$2.94

Minimum Rate where Applicable

$149.57

$154.06

$157.91

$162.65

 

Step Rates Archived

 

1.03     Conductor-Only Operations In Freight Service

Rates of pay per day of 100 miles in:

 

On territories on which Conductor-Only train operations have been implemented, the following rates will be applicable in lieu of those quoted above.

 

EFFECTIVE

Jan 1, 2003

Jan 1, 2004

Jan 1, 2005

Jan 1, 2006

 

$159.02

$163.79

$167.88

 

$172.92

 

Minimum Rate where Applicable

$149.57

$154.06

$157.91

$162.65

 

Step Rates Archived


1.04     Short Run Passenger Service

 

Archived

 

1.05     Self-Propelled Passenger Service

 

Archived

 

1.06     Yard Service

Rate per day of eight hours or less is:

EFFECTIVE

JAN 1 2003

JAN 1 2004

DEC 31 2004

JAN 1 2005

DEC 31 2005

JAN 1 2006

 

$194.45

$200.28

$202.28

$207.34

$209.34

$215.62

 

Step rates archived.

Engineer in charge of and responsible for more than one unit operated in his locomotive consist at any time during his shift will in addition to his other earnings for such shift be paid as follows:

 

For 2nd Unit

$2.75

For 3 or more Units

$5.52

 

1.07     Shift Differential

An Engineer who commences a shift in yard or transfer service between 1430 and 2229 shall receive a shift differential of 40 cents per hour and an Engineer who commences a shift in yard or transfer service between 2230 and 0629 shall receive a shift differential of 45 cents per hour.  Shift differentials shall not be used in the calculation of overtime nor shall they be paid for paid leave of absence from duty such as jury duty, vacations, General Holidays, etc.

 

1.08     Way freight Service

Engineers on regularly assigned way freight or switch train will receive:

  EFFECTIVE

Jan 1, 2003

Jan 1, 2004

Jan 1, 2005

Jan 1, 2006

 

$5.84

$6.02

$6.17

$6.36

Per 100 miles or per day of eight hours, in addition to freight rates. Step rates archived.

 

1.09     Road Switcher Service

Engineers operating road switcher runs will be paid:

EFFECTIVE

Jan 1, 2003

Jan 1, 2004

Jan 1, 2005

Jan 1, 2006

 

$26..16

$26.94

$27.61

$28.44

 

per day of eight hours or less above way freight rates. Step rates archived.


1.10     Work Train Service

Engineers in assigned or unassigned work train service will be paid:

EFFECTIVE