AH – 485

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
E. L. VELOSO

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 Corporation has presented no evidence of substance to substantiate its decision that the grievor, Mr. E.L. Veloso, was found unacceptable in a number of headings of his Work Habits Assessment. There is, very simply, nothing of significance which would justify the Corporation’s decision to decline Mr. Veloso’s application. He has never been disciplined by the Corporation, and the only negative notation in respect of his work habits concerns certain failures with respect to submitting trains journals.

In the result the Arbitrator is satisfied that the refusal of the Corporation to allow Mr. Veloso to proceed within the screening process for locomotive engineer training on the basis of his Work Habits Assessment was arbitrary, and cannot stand. His grievance is therefore allowed and the Arbitrator directs that he proceed to the next stage of the process.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR