Canadian Labour Reporter

FEBRUARY 18, 2014 6 Canadian HR Reporter, a Thomson Reuters business 2014 Continued on page 8 ee's brother-in-law or sister-in-law. Seniority – recall rights: 1 year. Probationary period: 3 months. Tool allowance: All safety equipment and tools provided by the employer. Sample rates of pay, current: Class 2: $11.60 rising in 2 steps to $12.60 per hour Class 3: $12.25 rising in 2 steps to $13.25 Class 4: $13 rising in 2 steps to $14 Class 5: $13.75 rising in 2 steps to $14.75 Class 6: $14.25 rising in 2 steps to $15.25 Class 7: $15.75 rising in 2 steps to $16.75 Editor's notes: Safety glasses: Safety glasses are mandatory. Jury service: Employees required for jury service are paid the difference between regular straight time earnings and the amount of pay received from the court to a maximum of 2 weeks spent on jury service. n TRANSPORTATION Lacaille International PAPINEAU, QUEBEC (29 truck drivers) and Teamsters Canada Local 106. Renewal agreement: Effective Aug. 10, 2013, to March 31, 2018. Signed on Aug. 10, 2013. Wage adjustments: Effective Jan. 5, 2014: 1% Effective Jan. 4, 2015: 1.5% Effective Jan. 3, 2016: 1.5% Effective Jan. 1, 2017: 1.75% Calculated by CLR Paid holidays: 11 days. Vacations with pay: 1 day for each month of service to start, 2 weeks after 1 year, 3 weeks after 6 years and 4 weeks after 10 years. Overtime: Time and one-half. Bereavement leave: 3 days for employee's father, mother, spouse, child, brother, sister, step-father or step-mother. 1 day for employee's grandparents, grandchildren, mother-in- law, father-in-law, brother-in-law or sister in law. When an employee is away at the time of the death of a spouse or child the employer agrees to cover the cost to fly the employee back. Seniority – recall rights: 1 year. Probationary period: 3 months. Safety shoes: $100 Uniforms/clothing: Uniforms include 2 pairs of pants, 4 shirts, 1 windbreaker replaced every 2 years and 1 winter coat re- placed every 4 years. Mileage: 38¢ per km. Sample rates of pay, current: Drivers: $18.02 per hour Editor's notes: Union dues: $25 per month. Medical exams: All employees will submit to medical testing required by the em- ployer so long as the employer covers all costs. Employees re- quired to submit to medical testing outside of regular working hours will be paid $25. Passengers: Employees are not permitted to carry passengers. This does not prohibit employees from help- ing drivers in distress. These people are to be dropped off at the nearest point of communication and employees are to record the incident in their log. Accidents: Employees are not held respon- sible for accidents unless they are found to have been negligent. Loss or damage: Employees are not held responsible for the loss or damage of cargo unless they are found to have been negligent. Arbitration Awards Summaries of recent arbitration awards from federal and provincial arbitration boards. For summaries from past issues, visit www.labour-reporter.com for a searchable online archive. Your paid subscription includes unlimited access to the archive. Commuter train operator fired after violating drug policy GARY MCMILLAN WAS fired after he fell off the wagon and onto the driver's seat of a speeding train. McMillan — a commuter train operator for the Canadian Na- tional Railway Company — was dismissed in relation to his failure to comply with CN's drug and alcohol policy. On May 6, 2013, Mc- Millan tested positive for drugs. Following an investigation he was suspended for 90 days and subsequently fired on June 12, 2013. A 23-year veteran, McMillan sustained two workplace injuries in the 1990s. As a result he was prescribed painkillers — includ- ing opioid painkillers — which led to oxycontin dependence. McMillan began a monitoring program for the use of opi- ates and participated in a methadone program from March 2005 until January 2007. He provided periodic medical re- ports to CN in 2006, 2007, 2009 and 2012. In the 2006 and 2007 reports McMillan referenced his oxycontin dependence and his methadone treatment. On May 6, 2013, while working in the rail line near Bathurst Street, McMillan ran a red light at signal 118 A-3. The previous signal had been "clear to stop," meaning McMillan should have been prepared to stop 300 feet prior to signal 118 A-3. At the time of the incident McMillan said he and his crew mate had been bothered by the sun as they were approaching the signal. At the last second they realized the signal was red. McMillan failed to immediately apply the emergency brake and the train stopped 1,000 feet after the signal. A supervisor immediately attended the scene and pulled the crew out of service. The crew were taken back to company yards and tested for drugs and alcohol as part of standard procedure following a failure to break (covered under Rule 439). Before the urine test was administered, McMillan dropped the sample container in the toilet. The collector wiped the specimen container and returned it to McMillan. McMillan's sample tested non-negative for amphetamines and the sample was sent to the laboratory for analysis.

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