DATE : 95/7/04
PARTIES : CN CCROU
It does not appear disputed that Mr. Annas sustained an injury or pain to his back as a result of discomfort caused by the seating arrangements during the course of his work while operating a train in respect of a tour of duty which ended on March 22, 1991. The grievor acknowledges that he felt some discomfort at the end of that tour of duty, however, he was not persuaded that it was going to be a lasting injury. It subsequently turned out that he had injured his back as the pain apparently became more serious. He eventually saw his doctor on March 26, 1991 and was consequently placed on Workers’ Compensation benefits for a brief time. It does not appear disputed that the first indication to the Company of the injury suffered by Mr. Annas was on the 26th of March following the visit to his doctor.
It is not disputed that Mr. Annas had a clear disciplinary record at the time of this occurence.Without diminishing the seriousness of the Company’s concern for the proper reporting of injuries, it appears to the arbitrator that this case is one of which, at least initially, involved more of an error in judgement than a failure of the grievor’s obligation to the Company. It seems that he initially took the view that the matter was not as serious as was subsequently found and that he was wrong in that judgement.
I am satisfied, though, that he would have given some indication to the employer that it looked as though the injury had some substance at least as of Sunday, March 24, 1991 when, it is agreed, he commenced attempts to see a doctor. He did nothing, however, for several days. I am satisfied that, in case, there was reason to discipline Mr. Annas. Iam not satisfied, though, that 15 demerits or, indeed, any demerits were appropriate, given the fact that his record was clear.It would seem to me that the error of judgement in which he engaged could have been sufficiently addressed and rehabilitation could have been achieved by means of a written reprimand issued to him in light of all of the circumstances. The Arbitrator, therefore, directs that the 15 demerits be removed from his record and a written reprimand substituted for the discipline assessed.
DATED at Toronto this 4th day of July, 1995.
Michel G. Picher - Arbitrator