AH – 476

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
LOUIS R. PERRETT

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 only discipline assessed against Mr. Perrett was five demerits for an apparent failure to properly complete his assignment, on July 18, 1995. While it appears that he once restricted himself to assistant conductor’s assignments for a period of months, he apparently did so when his disciplinary record was at a relatively high level. That, however, was in the period of 1992-1993, and in the Arbitrator’s view can have little meaningful bearing on the grievor’s qualifications for locomotive engineer training as of 1998.

In the Arbitrator’s view the Corporation was arbitrary in ignoring the grievor’s relatively positive work performance and disciplinary record over the past five years.

The Arbitrator therefore directs that Mr. Perrett be progressed to the next phase of the locomotive engineer training selection process.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR