IN THE MATTER OF AN ARBITRATION
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
THOMAS H. COLLINS
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)
T. H. Collins 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.
Having reviewed the Work Habits Assessment of the Corporation the Arbitrator cannot find any reasonable basis for the refusal of Mr. Collins for locomotive engineer training. There is no discipline registered against him, and it appears that he has not been counselled for any shortcomings since 1992. With over twenty-six years of service in the railway industry, and a positive work record with the Corporation, it appears to the Arbitrator that the grievor was treated arbitrarily in the denial of access to locomotive engineer training.
Mr. Collins grievance is therefore allowed. The Arbitrator directs that he be allowed to proceed to the next stage of the screening process.
Dated at Toronto, June 6, 2000
(signed) MICHEL G. PICHER