AH – 484

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
PETER W. DANNE

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)

Peter W. Danne – Grievor

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. P.W. Danne, has an unenviable discipline record. He was discharged in January of 1993 following the assessment of thirty demerits for a cardinal rule violation. He was ultimately reinstated by an award of the Canadian Railway Office of Arbitration, subject to a lengthy suspension, on October 10, 1995. In addition he appears to have created problems resulting in the revoking of his parking privileges on the property of the Toronto Terminal Railways, and has recorded a questionable record of attendance in the period June 1, 1996 to June 30, 1997.

Most significantly, the grievor’s discipline record still contained demerits relating to his cardinal rule’s violation at the time of the assessment of his application for locomotive engineer training by the Corporation. In the circumstances I am satisfied that the Corporation had grounds for its denial of Mr. Danne’s application for locomotive engineer training, and that its decision in that regard was not arbitrary or discriminatory. His grievance must therefore be dismissed.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR