AH – 394

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE MAURICE ALLARD

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

In light of the evidence, the Arbitrator must accept the position of the employer to the effect that Mr. Allard did not possess the qualifications necessary to assume the duties of one of the three positions of clerk in the personnel office within a five day orientation period, following displacement. It is common ground that the work in question requires a profound knowledge of the information system of procedures manuals utilised in the personnel of office. Given the complexity of the system, the Arbitrator judges that it was not reasonable to believe that Mr. Allard could become able to accomplish the duties of one of those positions within so short a time period.

As well, I judge that Mr. Allard’s frequent absences is a legitimate factor which the Company could take into account. The positions in question require constant attention on the part of the clerks who handle the files of the employees and the requests for information which the latter are constantly making. Given that in the past the legitimate duties of Mr. Allard as a union officer have resulted in the necessity of his absence from work for more than one day a week, the Arbitrator finds reasonable the concern of the employer concerning the efficiency of the operation of the personnel office if Mr. Allard were assigned there. Furthermore, in the absence of an agreement between the parties, the Arbitrator does not have the jurisdiction to impose a limit on the absences for union business allowed to Mr. Allard by the terms of the collective agreement.

For these reasons the grievance must be dismissed.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR