AH – 478

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
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 Hallé – 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.

AWARD

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

ARBITRATOR