January 19, 2004

SEPT 15, 1998 SENIORITY DATE

COMPENSATION

History

The Local had filed grievances in the mid to late 1990’s concerning staffing issues. The employer was abusing temporary employees, and hiding behind Article 53 Applications (Surpluses) and not staffing positions in the Stations. There were a number of employees in the past who received payments for some of these damages. Some Indeterminate employees received compensation under PCP# 3 (1992 Milner Closure) of over $1,000,000.00 in total. The 1990 - 280 Progress Closure, (PCP#1) for Indeterminate employees is still outstanding. As a result of these two Process Consolidation Projects (PCP) many vacant positions in the stations in Group 2 were not filled and were covered by temporary employees. Many temporary employees were covered by prior agreements or arbitration awards, “Lance Waine / Ken Cameron Deal (Sept. 1, 1992 Sen. Date), the “Tang Arbitration” with damages for Scarborough Local members only, and other settlements, which rolled back their Seniority Dates, Continuous Service Dates, and Pension-able Service.

There were a number of vacant positions that remained unfilled, when senior temporary employees declined promotion into indeterminate Status in 2000 in these prior settlements. These employees were given an artificial Seniority Date of September 15, 1998, contrary to the Local’s position adjusting the priori promotion dates, and the staggered / appropriate Seniority Dates. It was a National decision crossing the Toronto and Scarborough Locals. The Scarborough Local filed grievances on the issue of damages.

The Local has recently settled the files concerning the damages for the “September 15, 1998” Employees, in conjunction with the Regional Office. A number of factors were taken into account in assessing damages and the settlement.

Employees who were Temporary Employees in the Scarborough Local and promoted in the Local and given the Artificial Seniority Date of “September 15, 1998”, and are members of the bargaining unit in January 2004 are entitled to the following compensation:

1)          PT           effective March 19, 2001          $1,500.00 Less Deductions

2)          FT           effective March 19, 2001          $4,000.00 Less Deductions

Unfortunately the period from “September 15, 1998” until your actual appointment date is not considered Pension-able Service, and this payment or the Severance Payout can not be applied to this period. There are employees currently in the Scarborough Local with a “September 15, 1998” date, who were promoted in the Toronto Local and / or other locals, this agreement does not apply to them. Their damages would be covered under their former Local’s grievances.

CPC has not indicated a payment date. Attached is a list of employees and amounts. Once payment information is received, you will be informed.

In Solidarity

Mike Duquette
President
Scarborough Local


LIST REMOVED