IN THE MATTER OF AN ARBITRATION
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
(the "Company")
- and -
UNITED TRANSPORTATION UNION
(the "Union")
GRIEVANCE RE K.J. JAMIESON OF NORTH BATTLEFORD, SASKATCHEWAN
ARBITRATOR : Michel G. Picher
APPEARING FOR
THE COMPANY: G.C. Blundell - Manager Labour Relations,
Edmonton, Alta
K.J. Morris - Manager Train Service,
North Battleford, Sask.
APPEARING FOR
THE UNION: D.W. Ellickson - Counsel, Toronto
J.W. Armstrong - General Chairperson,
Edmonton, Alta.
M.G. Eldridge - Vice General Chairperson,
Edmonton, Alta.
K.J. Jamieson - North Battleford, Sask.
D. Gagnon - Secretaty
A hearing in this matter was held in Edmonton on October 2, 1994.
AWARD
The facts giving rise to the dispute and the issues are summarized in a joint statement of issue filed at the hearing, which reads as follows:
Dispute
Appeal the 30 demerits assessed Conductor K.J. Jamieson of North Battleford, Sask. on April 19, 1994 for unsatisfactory work record from January 1 - April 10, 1994 resulting in his discharge for accumulate of demerits.
Joint Statement of Issue
On April 14, 1994 the Company conducted a formal investigation in connection with Condductor Jamieson’s work record from January 1 to April 10, 1994. Records show that Conductor Jamieson missed (6) calls; booked off sick on eight (8) occasions; booked unfit on three (3) occasions; and was on personal leave of absence on two occasions. The records also showed that he was unavailable or missed work on twelve (12) out of fifteen (15) weekends during this time. Conductor Jamieson was assessed thirty (30) demerits which resulted in his discharge for accumulation of demerits effective April 19, 1994.
The Union contends that the Company has other options available to it short of discharge which would have been more appropriate in theese circumstances. The Union requested that Conductor Jamieson be returned to service without loss of seniority or benefits and that he be made whole in all respects.
The Company has denied the Union’s request.
The grievor is not a long-service employee, having been hired in April of 1989. The material before the arbitrator discloses a serious record of poor timekeeping and a failure on the part of the grievor to notify the Company in advance when he would be unfit to work when called, or when he would be absent for any number of reasons.
The evidence discloses a junior employee who, over the period of less than two years, was the subject of repeated discipline for an unsatisfactory work record, without any improvement in his performance. He received 10 demerits in August of 1992, 15 demerits in January of 1993 and a further 25 demerits in July of the same year. Notwithstanding the assessment of demerits in increasing quantities, virtually at six-month intervals, the grievor allowed his performance during the period January 1 to April 10, 1994 to fall well below acceptable standards. Moreover, an examination of that period reflects pattern absenteeism falling largely on weekends.
In the sircumstances, the arbitrator is satisfied that the Company has been fair in providing Mr. Jamieson every opportunity to improve in respect of his work performance, and that there are no mitigating circumstances to suggest that he is deserving of yet another chance, or that the likelihood of rehabilitation is meaningful.
For the foregoing reasons, the grievance must be dismissed.
DATED at Toronto this 6th day of October.
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Michel G. Picher - Arbitrator