RAILWAY ARBITRATION FUNDING – UTU POSITION

The following quoted letter states the position of the UTU International as it relates to the funding of the Canadian Railway Office of Arbitration and Dispute Resolution (CROA & DR);


“Mr. Garth M. Bates
Canadian Vice President/Legislative Director
71 Bank Street, 7th, Floor
Ottawa, ON K1P 5N2
Canada

Dear Sir and Brother:

This is in response to your letter dated April 1, 2008 concerning the submission of an invoice in the amount of $11,900.00 for a proportional share of costs associated with the maintenance of the Canadian Railway Office of Arbitration & Dispute Resolution (CROA & DR).

Although these costs were previously paid for by the International, as they pertain to matters relative to the collective agreement and its grievance resolution process, these costs are more appropriately shared amongst the General Committees of Adjustment who use the services of CROA & DR and as such, are returned to you for further handling and progression from such General Committees of Adjustment.

Once the respective General Committees have determined their respective apportionment of costs, they need only request payment to be made from their respective funds as they do in the normal course of handling vendor payments.

Fraternally yours,

M. B. Futhey Jr.
International President

Cc: A. Martin III, Assistant President
K.N. Thompson, General Secretary & Treasurer
S.L. Collins, Director of Finance”


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My comments:

What the UTU International does not appear to understand is that the participation in the CROA & DR is mandatory under the Collective Agreement and the application of Section 57(1) of the Code which states;

“Every collective agreement shall contain a provision for final settlement without stoppage of work, by arbitration or otherwise, of all differences between the parties to employees bound by the collective agreement, concerning its interpretation, application, administration or alleged contravention.”

As it presently stands, grievances (including dismissals) which require an arbitrated settlement may, given the UTU Internationals stated position, not get resolved due to non-payment, this all to the detriment of the Canadian membership.

The actions of the UTU International make it imperative that the CIRB address the alleged violation of the Section 37 as recently submitted by Guy Ethier and Robert Thompson.

Section 37 states;

“A trade union or representatives of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit with respect to their rights under the collective agreement that is applicable to them.”

It is my understanding that the General Chairpersons are considering all their options to address the situation which, among other things, may include the raising of dues.

Please keep posted for further updates.

Rex Beatty