AH – 411

IN THE MATTER OF AN ARBITRATION

BETWEEN:

CP EXPRESS & TRANSPORT

(the “Company”)

AND

TRANSPORTATION COMMUNICATIONS UNION

(the “Union”)

GRIEVANCE RE G. WETHERALL

SOLE ARBITRATOR: Michel G. Picher

There appeared on behalf of the Company:

Brian F. Weinert – Manager, Labour Relations

And on behalf of the Union:

John Bechtel – Vice General Chairman

John Crabb – Vice General Chairman

A hearing in this matter was held in Toronto on February 13, 1989.

AWARD

DISPUTE:

The issuance of twenty (20) demerits to Port Coquitlam line driver, G. Wetherall, for alleged “overdriving road conditions” on or about the 27th of February, 1988.

JOINT STATEMENT OF ISSUE:

The Union’s position in this matter relies on the fact that no police nor government authorities in regards to this accident have charged Mr. Wetherall with any violations of law; whether provincial or federal. The Union maintains that the Company must show evidentiary proof for their actions taken in disciplining this employee.

The Union requested, because of the excellent driving record of this employee, that the Company reduce the demerits issued to an equitable quantum of ten (10) demerits.

The Company to date has maintained that the twenty (20) demerits issued were “fair and progressive” given the situation.

The material establishes that the grievor has an outstanding prior record of service with the Company. It does appear, however, that the grievor’s own error of judgement in the driving of his tractor trailer near Rogers Pass in extremely snowy conditions did contribute to the vehicle jack-knifing, causing a minor accident. In the circumstances I am of the opinion that the imposition of twenty demerits is excessive, and that ten demerits should be substituted.

The grievor’s record shall therefore be amended to reflect the imposition of ten demerits for the accident which occurred on February 27, 1988.

DATED at Toronto this 22nd day of February, 1989

(signed) MICHEL G. PICHER

ARBITRATOR