CP cannot unilaterally cancel the FMP that was negotiated in good faith…

07-23-2012  10 :00 EST


Ottawa, July 23rd 2012 — The TCRC General Committees of Adjustment representing members at CP Rail in Western Canada successfully obtained a cease and desist order to stop CP’s attempt to cancel Cranbrook Fatigue Management Plan Time Pools.

The recent decision of Arbitrator Picher has provided another blow to CP Rail’s attempt to cancel a successful Fatigue Management Plan (FMP) in Cranbrook. Within days of resuming operations following TCRC strike action that shut down the entire CP network, CP attempted to cancel the successful Time Pool FMP that has been in operation at Cranbrook for several years.

CP had faced certain defeat in their first attempt to cancel the Time Pools in Cranbrook, so they withdrew their original notice of cancelation and issued a modified version. With this order by the Arbitrator, CP cannot unilaterally cancel the FMP that was negotiated in good faith and represents one of the successful Fatigue Management Countermeasures the TCRC is seeking to implement in other regions. The dispute related to this particular Time Pool FMP may have to be resolved by final and binding arbitration, however CP must respect the Arbitrators decision until such time as the matter is resolved.

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