AH – 480

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
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.

AWARD

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

ARBITRATOR