AH – 475

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
ERNIE JAKMA

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)

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 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. Jakma’s grievance must therefore be dismissed.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR