AH – 482

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
T. S. WOOD

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. T.S. Wood, was denied access to locomotive engineer training, largely by reason of the Corporation’s concern with respect to his work habits in relation to absenteeism and his availability for assignments. Most significantly, the record discloses that in October of 1996 the grievor was A.W.O.L. for seven days, as a result of which he was assessed forty-five demerits. When regard is had to the fact that the grievor did not work between July of 1997 and July of 1998 by reason of an injury, that discipline in late 1996 is relatively fresh on his active working record.

In the circumstances the Arbitrator cannot conclude that the Corporation was arbitrary in its judgement that the grievor’s responsibility in honouring his work obligation to the Corporation was cause for his disqualification.

The Arbitrator is satisfied that the Corporation’s decision was taken on reasonable grounds, and that the grievance of Mr. Wood must be dismissed.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR