AH – 480
IN THE MATTER OF AN ARBITRATION
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
JEROME A. MOREAU
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.
The material before the Arbitrator demonstrates that the grievor, Mr. J.A. Moreau, has been given to manipulation of the regulations concerning the booking of rest, and also booking sick. This resulted in a less than satisfactory degree of reporting for assignments in the period between July 1, 1997 and June 30, 1998. Mr. Moreau’s performance does, in the Arbitrator’s view, give the Corporation reasonable cause to be concerned about his faithfulness in being available for work and reporting for assignments. By the parties’ own agreement that is a legitimate aspect of consideration within the work habits assessment.
I am satisfied that the Corporation’s decision to exclude Mr. Moreau from locomotive engineer training was taken on the basis of legitimate concerns, and was not arbitrary, discriminatory or in bad faith. His grievance must therefore be dismissed.
Dated at Toronto, June 6, 2000
(signed) MICHEL G. PICHER