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First line supervisors' class action suit against CN can proceed, Ontario superior court says


Justice Paul Perell of the Ontario Superior Court of Justice recently issued a decision ordering the certification of a class action suit against CN for unpaid overtime.

The class action suit involving about 1,500 current and former CN first line supervisors alleges that the Class I misclassified first line supervisors as managers who cannot receive overtime pay. The plaintiffs claim they are entitled to overtime wages.

“On behalf of all my colleagues at CN, I am very happy that the court ruled that the case is permitted to go forward and that we will have a determination of the merits of our case,” said Michael McCracken, who filed the suit on behalf of the first line supervisors, in a prepared statement.

CN is reviewing Justice Perell’s 101-page decision in order to determine a course of action, said Jim Feeny, CN director of regional public and government affairs, in an email.

“CN has no further comment at this time,” he wrote.

Contact Progressive Railroading editorial staff.

More News from 8/18/2010