Brothers and Sisters,
 
On Saturday April 10, 2010 we signed a tentative agreement with CPRail.  Your negotiating team comprised of myself, VP Ross Terry, Director Gary Doherty, Local Chair Wade Phillips and attorney David Brown had been bargaining this contract with CP since July 2009. The TCRCMWED Executive Board was invaluable in attaining this victory and we also had help from many local chairs as well as rank and file members. We truly appreciate their assistance... and your support.  
 
As you can imagine, it has not been an easy year to bargain.  Two other bargaining units (Steelworkers and CP Police Association) set up a pattern of 6% over three years (3/3/0). As well, they conceded quite a few of the rights of their members to the company, with little or no noticeable gain. Not to find fault with what they did or what their members were willing to accept, it still created a number of barriers for us.  Many that took a long time to overcome.  
 
It is also a recession.  Canada is slowly climbing out of it but the effects of the last 18 months have wreaked havoc on the economy and on the money that CP had to invest in any of its agreements.
 
We ended up striking CP last contract and did not want to do so again, unless absolutely necessary. I am glad to announce that we won't have to. Though the ability was there and for that we thank you, it did not have to be used to gain this agreement.  Just the thought of it was enough.
 
Attached is a 41 page document, the full Memorandum of Settlement . I realize that the company's press release stated that the details of this agreement would not be released by them until after ratification, however we do not keep anything from our members, any longer than necessary.  
 
This is a good deal. We are proud of it and we want you to see that.  Your bargaining committee as well as the entire TCRCMWED Executive Board fully support it and await you to do the same when we get the ballots out in the next few weeks.
 
Here is a quick synopsis of what was achieved:

• On page 2, the term is explained.  It is three years (2010, 2011 & 2012).  There is 9% over the term: 6% in wage increases (3 for 2010 and 3 for 2011), as well as a 3% lump sum payout (1% for each of  2010/ 2011, added together and paid in February, 2012 and 1% for 2012 paid in February 2013). A breakdown of the lump sum payouts can be found on page 39 Appendix E of the memorandum). The 3% increase for 2010 shall be retroactive to January 1st.
• On Page 2 and 3, is the explanation of a change to section 2.26 which will give an additional $1.20 an hour premium to employees (outside of TMTD 'A' and grp 3/ grp1 rate positions) assigned the care and operation of an airbrake assisted truck on the service area. For example, if an LTM has to drive an air assisted truck, they will recieve LTM rate with $1.20 on top.
• Page 3 also has the renewal of the pension buyback letter and explains the goalshare from page 3 to 5.  Goalshare has changed for the life of this contract. It will be triggered if the company reaches its lowest financial target and then is pro rated up to the highest financial target. This does restrict the possibility, and amount, of payout but once we got them to here from their initial offer, it was a "take it or leave it" item. We decided that the chance of some money was better than no chance at all (especially as we do not really do anything, other than our jobs, to achieve it).
• Pages 6 through page 8 are the benefit increases, including a change that allows new employees to become eligible after six months of service.  
• On page 7 (and on page 34, Appendix 'B') there is also an outline of  of the Drug Card.  This is consistent with their supervisor's prescription card, however we have agreed to a pilot project for the life of the contract and a 'stand alone' ballot. There are pro's and con's to this card and we want to have a clear mandate from the membership on their position on this. I will send out a letter with the ballots clearly outlining what the card entails and then you will vote on it separately from the main memorandum.
• Page 9 outlines the increases to the Job Security Agreement re-imbursable expenses and benefits.
• Page 9 also begins outlining work rule changes beginning with 'work schedules' from page 9 to 18. This is written in contract language and has been integrated into the special work crews (section 8.36) which were negotiated during the previous round of bargaining. The ability to have both 8/6 and 7/7 work schedules has been written into the collective agreement. These will not be implemented on service area crews (excepting the possibility for B&S crews temporarily working under the same track blocks of a TP&E crew on the same schedule). Work on these crews will be voluntary except by SM/JM and will also carry a 15.5% increased compensation on all hours worked (including overtime). This will be an average increase of well over $400.00 per month w/o overtime. Though this cost will keep the company from using these cycles except when absolutely necessary, we did negotiate a provision restricting the company from using any other cycle (except by mutual agreement) complete with 15.5% enhancement, for the Northern Ontario crews because of the extreme distances and conditions.  
• Pages 18 to 22 outlines the Regional TP&E crew agreement. There are parameters built around this agreement both to reflect both the practice and 1978 local agreement in the Pacific region, as well as the ability to have limited regional TP&E crews in the other territories. These will also be voluntary, as they must be bulletined except for the once per region limited time notification (on page 19) and are therefore subject to exercise of seniority. All Region crews (including Pacific) will now include enhanced weekend travel mileage (33 cents per km in 2010 and 35 cents in 2011) as well as an additional $76.00 expense payment per work cycle for travelling. On the Prairies, Eastern and Atlantic regions, all regional crews will also be on a 7/7 or 8/6 work schedule with full 15.5% enhancement because of the distances to be travelled.  This does not preclude these schedules from Pacific regional crews, but does not require them.
• Page 22 outlines the new procedure for having legitimate bid errors corrected. As you know, if you made a mistake on your bids you would often not see it until the awards. However, to cancel your bid, you had to do that prior to it closing, therefore by the time you knew you made a mistake, it was too late to change it. There is now a procedure for correcting mistakes after the awards come out.
• Pages 23 through 26 outlines all of the personal expense improvements and increases.  These are self explanatory and are all in our favour, but one to note is the new change that states that the company must offer the weekend mileage allowance as a travel assistance. They can still offer other methods and you get to choose, but they must have the mileage allowance as a choice. For example, if you are on enhanced mileage (region crew), the company can't say that they will give you a bus ticket because its cheaper. They must offer the mileage allowance (which will always be more than the busfare).
• Pages 26 and 27 outline the seat stability improvement. You maintain all your rights to bid off of a position, however certain machines that will be advertised in the initial bulletins will carry a lump sum enhancement which will be paid if, for example, you do not exercise lateral moves off of the position. You still maintain the right to bid anywhere your seniority entitles you, but you may forfeit your bonus if you do.
• Pages 27 and 28 outline the intent of the 'wet and stormy' days language.  This is simply clarification.
• Page 28 also includes the improvement to the reporting of harassment/ discrimination, whereby the company is now obligated to inform the member that they can have their Union involved. This will help to us to better monitor where the trouble areas lie and hopefully to correct them.
• Page 28 also outlines the new appendix 'C' (page 36) which sets the ground rules if there are Peer observation positions established. This would be a new position paid at EGF rate. References to the increases of the Safety footwear and clothing subsidies is also on page 28 (Appendix 'D' page 38).
• Page 29 through 30 lists 25 'housekeeping' and other improvements, including the listing of EGL in the service area line of promotion, the removal of "Casual/Part time" from the JSA, increase in rate for "Snow Plow Helper" to group 2 and the establishment within the collective agreement of  "assistant crane operator" classification.
• Pages 31 - 32, list the requirements of the company to print and distribute the wage agreement, as well as the general understanding concerning the implementation of the Memorandum of Settlement and then the signatures of the Parties.
• Pages 33 through 41 are the appendix letters referenced in the body of the agreement.
• Once again, Brothers and Sisters... there is no downside to this agreement. We are not concessionary bargainers, we do not sellout our membership... present, past or those to come.  You will not see "accrued vacation" in this contract.  You will not see mandatory, irrevocable six month notice to pension off in this contract.  You will not see steps backwards ... only positive, forward movement.
  

We deserve much more than this and I will continue to push towards that goal.  But in this economic and political climate, we did not leave much, if anything, on the table.
 
I also want to recognize the professionalism of the company's negotiating team in reaching this settlement.  Bargaining is mutual understanding and the exploration of the art of the possible. Its frustrating, stressful, time consuming...but in the end, satisfying.  At least when you can reach such a positive agreement as this, to enhance the lives of your members and to put well deserved money in their pockets.
 
Your patience, your support and your assistance is well appreciated. And on behalf of the TCRCMWED Executive Board and your bargaining committee, I would like to say that it is an honour to serve the strongest railway union in Canada, comprised of the toughest, hardest working men and women anywhere.
 
Stay safe, stay strong, stay united.

Bill Brehl
President
TCRCMWED

Download the Memorandum of Settlement here >>>