AH – 395

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CANADIAN PACIFIC EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE GERARD LEMIRE

SOLE ARBITRATOR:                Michel G. Picher

There appeared on behalf of the Company:

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

And on behalf of the Union:

K Cahill                                     - Counsel, Montreal

A Dubois                                   - Division Vice-President, Quebec

M. Allard                                   - Local Chairman, Montreal

A hearing in this matter was heard in Montreal, Tuesday, 9 August 1994.

AWARD

The evidence before the Arbitrator establishes that for a number of years the parties had agreed that the most junior employee on a shift is to be displaced. In the instant case that employee was Mr. Gilles L’Esperance. The Arbitrator is of the view that article 7.3.1 of the collective agreement must be interpreted in light of the well-established understanding and practice. For these reasons, given that the displacement made by Mr. Lemire was in conformity with the agreed practice, the grievance must be dismissed.

Signed at Montreal, 11 August 1994

(signed) MICHEL G. PICHER

ARBITRATOR