CHARGES AGAINST UTU PRESIDENT M. FUTHEY TO BE HEARD APRIL 1ST, 2008

BACK-GROUND:

As many of you may be aware, General Chairperson, Guy Ethier, appointed the undersigned as an accredited representative under Article 82 of the Collective Agreement 4.16.

Although CN received notification from Guy Ethier about the appointment the Company refused to recognize the undersigned as an accredited representative. Rather then comply with Article 85 of the Collective Agreement (interpretations) CN Rail seeked the position of the UTU International President.

The President advised that such appointment would be in violation of the UTU Constitution (the undersigned was not a UTU member).

Grievance(s) were filed against CN Rail (violation of Article 82, 85 and a remedy grievance). Additionally an appeal was filed against the UTU President. The essence of the internal appeal was that the President violated Section 37 of the Canada Labour Code (duty of fair represenation) and two, that a Collective Agreement is a binding document under the Canada Labour Code and it cannot be trumped by an internal Union document. In other words, the UTU President was in violation of Canadian Law (the Canada Labour Code).


HEARING DATE:

The General Chairperson was advised that the appeal against the UTU President will be heard on April 1st, 2008, by the UTU Board of Directors.

Rex Beatty

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