AH – 481
IN THE MATTER OF AN ARBITRATION
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
SUSAN D. BAKER
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 evidence discloses that in the period June 5, 1997 to June 30, 1998 Ms. Baker registered serious problems with respect to being available for work. In the Arbitrator’s view the Corporation was entitled to look with concern upon that aspect of her performance, and to weigh it in the balance in its decision to decline to accept her for locomotive engineer training.
For the foregoing reasons the grievance of Ms. Baker must be dismissed.
Dated at Toronto, June 6, 2000
(signed) MICHEL G. PICHER