MEMORANDUM OF AGREEMENT

Between

CANADIAN PACIFIC RAILWAY

and the
CANADIAN COUNCIL OF RAILWAY OPERATION UNIONS

(UTU and BLE RED DEER)
in regard to a

FLAT RATE METHOD OF PAY FOR THE LEDUC SUB WAYFREIGHT ASSIGNMENT

 

1.        The crew will consist of a Locomotive Engineer, Conductor and one required Trainperson.

 

2.        Train crews will operate between Red Deer and South Edmonton as an assigned wayfreight on

Monday, Wednesday and Friday, and operate between South Edmonton and Red Deer on Tuesday Thursday and Saturday.

 

3.        Flat rate 235 miles at wayfreight rates for each direction.

 

4. Locomotive Engineers, Conductors and Trainpersons on this wayfreight must fulfil the terms and

conditions of this agreement to qualify for the flat rate as set out above.

 

5. At the home terminal (Red Deer) the wayfreight will be ordered at 1000. In the event that there

train is not built the crew can depart Red Deer with any available Leduc Sub short haul traffic.

 

6. At the away from home terminal (South Edmonton) the crew will be ordered at 0600. Should a train crew member utilize their option of booking personal rest, in accordance with Article 29.16 (UTU) and Article 27 (BLE) or in the event that the crew, or a crew member, are on mandatory off duty time in accordance with the hours of service act, then the 0600 call figure will not apply, and the entire crew will be ordered off mandatory rest or after the expiration of personal rest.

 

7. Crews not called by the 0600 call figure will deadheaded to Red Deer and will be compensated at the

established flat rate (235) miles, provided they have not booked personal rest or are on mandatory off

duty time by the 0600 call figure.

 

8.        If the crew, or a crew member, books personal rest, or are on mandatory off duty time, by the 0600 call

figure, the crew will be called after the expiration of their rest, or their mandatory off duty time. In the event that the crew is deadheaded home under these circumstances, they will be compensated as per the respective collective agreements. (100 miles).

 

9.        If notice is served in accordance with Article 29 (UTU) or Article 27 (BLE) by the crew, or crewmember, assigned or spare, the crew will no longer be considered to be on the flat rate for the trip. They will be compensated as per the respective collective agreements.

 

10. If the assigned or spare crew is cancelled after commencing duty, payment will be in accordance

with the established flat rate. In the event that a crew is turned enroute to South Edmonton, payment will be the established flat rate to the turn point and a stand alone, 100 mile deadhead claim back to

Red Deer, as per Article 12 (UTU) and Article 2 (BLE).

 

 

 

 

 

 

11. The work assigned to this wayfreight must, when practicable, be completed as instructed. This could

require the crew or crewmembers, assigned or spare, to work to the 12th hour. All rules and regulations

in regard to the the hours of service act, as outlined in GOI, section 3 apply.

 

12. At the direction of the company the wayfreight may be relieved enroute in either direction. In such

circumstances the crew, either either assigned or spare, will be considered to have completed the trip in

accordance with this agreement and will be compensated as per the established flat rate.

 

13. The assigned or spare wayfreight crew is not to be used at Red Deer or So. Edmonton to handle symbol profiled trains that normally would be handled by a through freight pool crew.

 

14. Employees being transported or going off duty in excess of the 12th hour will be compensated at straight time rates in addition to the established flat rate for all time in excess of the 12th hour. This type of claim is to be submitted using the CMA claim code (RD).

 

15. If the wayfeight is relieved enroute the relief crew will be called from the spareboard at Red Deer.

 

This agreement is without precedent or prejudice to either party and can be amended, revised or cancelled upon 30 days written notice by either parties. It is also agreed that if this assignment is abolished in accordance with each respective Collective Agreement and is recreated under the same parameters the agreed upon flat rate mileage would continue to apply.

Signed for the Union:

 

 

 

 

J. F. Deegan Sub Local chairman CCROU- BLE Division 355

 

 

Signed for the Union:

 

 

 

 

M. D. Ropchan, Local Chairperson CCROU-UTU Local 1828

 

 

 

 

 

J. Stevens Manager Operations Canadian Pacific Railway