AH – 479

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
KEVIN M. JOUDWA

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 grievor, Mr. K.M. Joudwa, has an unenviable discipline record, particularly as relates to confrontations with other employees, supervisors and hotel staff. Most recently he was discharged in March of 1998 for gross misconduct in his dealing with the staff of a hotel, where he caused extensive damage to a room. He was reinstated by agreement, subject to a nine month suspension and the assessment of twenty demerits.

The Arbitrator accepts the submission of the Corporation that is has a interest in ensuring that candidates for locomotive engineer training are capable of responsible and respectful behaviour. The grievor’s recidivist record over a number of years, concerning various instances of conduct unbecoming an employee do, in my opinion, give the Corporation ample reason to be concerned about the fitness of Mr. Joudwa for locomotive engineer training. At a minimum, its decision to deny him access to that training was taken in a manner that can be fairly described as arbitrary, discriminatory or in bad faith.

For these reasons Mr. Joudwa’s grievance is dismissed.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR