AH – 477

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
ALLAN WORKMAN

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 indicates that Mr. Workman had a number of relatively serious rules violations registered against his record, the more recent being in September of 1992, resulting in thirty demerits. While that event is some six years removed from the time at which he was considered for locomotive engineer training, it and other infractions within his record give the Arbitrator pause in respect of evaluating the Corporation’s decision to decline the grievor’s application. Notably, in late 1990 the grievor was involved in a violation of CROR rule 83.1 in an incident which involved his operating his train on a main line without proper authority. Notwithstanding that there is little recent discipline against Mr. Workman, the Arbitrator is satisfied that the record as a whole does give cause for concern, and the Corporation was not arbitrary in its consideration of the grievor’s application.

The grievance of Mr. Workman must therefore be dismissed.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR