IN THE MATTER OF AN ARBITRATION
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
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 Hall้ Canadian Director, Ottawa
W. G. Scarrow Vice-President, UTU, Ottawa (observer)
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.
The material before the Arbitrator discloses that the grievor, Mr. E. Jakma, was discharged for a rule G violation in April of 1997. At the time of his application for locomotive engineer training he was still under the terms of a reinstatement agreement made on January 15, 1998.
It appears to the Arbitrator that although the grievor was reinstated into service, the Corporation had cause for reservations about his rehabilitation, as is obviously evidenced from his conditional reinstatement. In these circumstances I am satisfied that the employer did not act arbitrarily in deciding that the grievor, on the basis of his Work Habits Assessment, was not suitable for admission locomotive engineer training at this time.
Mr. Jakmas grievance must therefore be dismissed.
Dated at Toronto, June 6, 2000
(signed) MICHEL G. PICHER