DATE : 04/7/95









This grievance relates to the assessment of 20 demerits against Yard Foreman Gibson for unsatisfactory work performance on May 18, 1989. The complaint triggering this matter was made by a fellow crew member, Locomotive Engineer Ben Klippenstein who wrote a letter, apparently unsolicited, to the Master Mechanic complaining thar Mr. Klippenstein required him to work slowly, reducing the speed of his locomotive during yard movements for the alleged purpose of reducing productivity. On review of the material, I am satisfied that there is substance to the allegation that the grievor was unduly slow in his productivity and that he was deserving of some discipline for his actions. It remains, however , that there is no indication in the record that the Company, which is possessed of the data relating to the grievorís crew productivity, itself took any action until such time as the complaint was made. There is, in this circumstance, some degree of condonation, if not awarness - and I donít suggest there was any direct awarness - but some degree of tolerance on the part of the Company of the productivity being generated by Mr. Wilson.


In the result, while I am satisfied that some discipline was appropriate, particularly having regard to the fact that the grievor had previously received a written reprimand for productivity in January of 1985, and had also been disciplined in respect of procedures in February of 1989, the assessment of demerits is appropriate. I would, however, in this case, reduce the assessment to 10 demerits, and it is so directed.



DATED at Toronto this 4th day of July, 1995.


Michel G. Picher - Arbitrator