View cases - Stewart McKelvey

9back to their home residence at regular intervals or, alternatively, having CN cover the costassociated with bringing a family member to the shortage location.[40] According to subsection 148.11(f) of the Collective Agreement, the first employee calledupon to protect work will be the junior qualified employee on lay off in the seniority territory witha seniority date subsequent to June 29, 1990. The collective agreement does not provide for amaximum duration for covering work. If the shortage turns out to be permanent, then CN willproceed to hire people for that location.[41] Section 115 of the Collective Agreement provides that an employee who is laid off will begiven preference for re-employment when staff is increased in his seniority district and will bereturned to service in order of seniority. The provision also provides that if the employee isemployed elsewhere at the time of recall, he may be allowed thirty (30) days to report. If he orshe fails to report for duty or fails to give “satisfactory reason” for not doing so, he or she willforfeit all his or her seniority rights.2010 CHRT 24 (CanLII)[42] An employee, who would wish to raise a “satisfactory reason” to justify his or her failureto report for work would first have to make a request to Crew Management Centre (“CMC”). Heor she would then be instructed to write a letter to his or her immediate supervisor at his hometerminal. If the reason raised could have an impact on the Collective Agreement somediscussions with the union might be necessary.(ii)The Complainant[43] The Complainant lives in Jasper, Alberta with her two children. She was originally hiredby CN in the province of Quebec, in 1989. In 1992, she was called to fill a shortage in Vancouverand while there was told by somebody at CN that her work opportunities would be better in theWestern Region. Therefore, on April 9 th , 1992, she applied for a transfer to Vancouver. By doingso, she crossed the seniority district between the Eastern and Western regions and lost theseniority she had accumulated in the Eastern region since 1989. Her new date of seniority wasnow 1992.