AH – 391

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE ARMAND LAGANIERE

SOLE ARBITRATOR:                Michel G. Picher

There appeared on behalf of the Company:

B. F. Weinert                             - Director, Labour Relations, Toronto

M. Mousseau                            - Terminal Manager, Lachine

And on behalf of the Union:

A. Dubois                                  - Division Vice-President, Quebec

M. Allard                                   - Local Chairman, Montreal

A hearing in this matter was heard in Montreal, Friday, 5 August 1994

AWARD

It is common ground that Mr. Laganiere’s conduct during a meeting of employees called by Mr. Marc Mousseau, Terminal Manager, was clearly outside the limits of acceptable behaviour. He made gross and insulting remarks to Mr. Mousseau before the other employees on his shift in a manner which demonstrated a failure to respect the authority of the office of manager.

That insubordination deserves a severe disciplinary penalty, all the more so as the grievor has never expressed any regret, nor excuse. However, given Mr. Laganiere’s prior years of good service, and his clear discipline record at the time of that incident, the Arbitrator deems it appropriate to reduce to reduce to twenty the demerits assessed his record for that infraction. The grievor must however appreciate that a similar incident in the future could attract the most serious of discipline. The grievance is therefore allowed, in part. Twenty demerits will be recorded on Mr. Laganiere’s file in place of the thirty assessed by the Company.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR