AH – 474

IN THE MATTER OF AN ARBITRATION

BETWEEN

VIA RAIL CANADA INC.

(the "Corporation")

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

(the "Brotherhood")

LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
JAMES C. TAYLOR

Sole Arbitrator:    Michel G. Picher

Appearing For The Brotherhood:

James L. Shields        – Counsel, Ottawa

John Tofflemire            – General Chairman, Oakville

Scott W. Chamberlain – Counsel, Ottawa

Gilles Hallé                 – Canadian Director, Ottawa

W. G. Scarrow            – Vice-President, UTU, Ottawa (observer)

J. C. Taylor                 – Grievor

Appearing For The Corporation:

E. J. Houlihan             – Senior Manager, Labour Relations, Montreal

J. H. Lafleur                – Counsel, Montreal

Melanie Bastien          – Labour Relations Officer, Montreal

Chuck Harnish            – Manager, Customer Service, Montreal

A hearing in this matter was held in Montreal on Monday, May 29, 2000.

AWARD

The grievor, Mr. J.C. Taylor, was declined access to the next step of the locomotive engineer training selection process by reason of what the Corporation found to be unacceptable results on the Work Habits Assessment.

The Arbitrator cannot agree. The Corporation concerns arise out of a number of incidents dating back to 1988, dealing with certain aspects of the grievor’s performance as a conductor. However, the only record of any discipline assessed against Mr. Taylor is ten demerits for failure to comply with MOO3 in July of 1988. The record discloses no discipline registered against Mr. Taylor for more than five years prior to his application for locomotive engineer training. He has been positive in respect of reporting for assignments and, in the Arbitrator’s view, the events which are looked to by the Corporation to find fault with the grievor from the standpoint of his observance of rules and regulations, his performance as a conductor and his work habits are simply too remote in time to have any meaningful application.

The Arbitrator therefore directs that Mr. Taylor be allowed to proceed to the next step of the training selection process.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR