URGENT NOTICE - GO TRANSIT MATERIAL CHANGE

The following notice is issued by the Office of the General Chairperson UTU GO-105) to all employees regarding the GO Transit Service in Toronto as it relates to CN Rail's material change notice and, more specifically, RECENT NOTICES ISSUED BY CN RAIL

THIS IS AN URGENT MESSAGE AND SHOULD BE CAREFULLY READ
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URGENT

**** MESSAGE FROM THE UTU - GO-105 RE: GO TRAIN MATERAIL CHANGE****

The following is in response to CN notice No. 08-080 dated July 24th, 2008 (and related material e.g. CN notice 08-082).

Please be advised;

THERE IS NO AGREEMENT BETWEEN THE UTU AND CN RAIL OR ANY OTHER THIRD PARTY (BOMBARDIER) WITH RESPECT TO CONTINUED EMPLOYMENT AT GO TRANSIT IN THE APPLICATION OF THE MATERIAL CHANGE NOTICE

Although the Union reserves any and all its rights to challenge any unilateral interference by the Company in the Union's representation of its membership we advise of the following;

It is the position of the Union that the referenced notice of CN Rail and the contained representations are both improper in terms of collective agreement compliance and the Canada Labour Code.

It is the position of the Union that the Company cannot unilaterally engage in negotiations with the Union's members or detract from any applicable provision of the collective agreement without the expressed written consent of the Union.

In spite of the above every member that proceeds to sever their employment with CN Rail, absent the proper resolution of the material change notice, will loose all rights, privileges and protections as they relate to the legal relationship between CN and the Union including but not limited to;

Seniority at CN
Grievance Procedure (Article 84)
Discipline process (Article 82)
Material Change Provisions (adverse affects)
Wage protection
Benefits protection
Relocation protection Laid -off protections
Pensions

Although the above referenced bulletin by CN implies that certain identified protections presently guaranteed by way of Union membership will remain SUCH IS NOT THE CASE.

It is the position of the Union that any continuation of employment at GO service must be consistent with existing agreements, benefits and protections as guaranteed by the Code and the existing Collective Agreements. Further, any adverse affects of such continued employment resulting from a material change notice must be addressed by way of Article 79 (e.g. wage protections, relocation benefits, severance packages etc.).

AT PRESENT THERE ARE NO AGREEMENTS WITH THE UNION TO ADDRESS ADVERSE AFFECTS WITH RESPECT TO GO TRANSIT. (u-001 - July 30/08)