AH – 486

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
LOUISE AUBIN

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)

L. Aubin – 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 Arbitrator is satisfied that the grievor, Ms. L. Aubin, should be allowed to proceed to the next step of the assessment process. While it appears that she at one point opted for severance from the Corporation, it is clear that her first alternative, as reflected in her election sheet, was for locomotive engineer training, a matter in respect of which she have never withdrawn her grievance.

The record reveals that Ms. Aubin does have conductor’s qualifications, and no significant negative disciplinary record.

While, of course, it remains to be seen whether the grievor will successfully pass the subsequent steps of the screening process, the Arbitrator is compelled to conclude that the denial to her of access to the selection process by reason of her Work Habits Assessment was arbitrary, in the circumstances. Obviously, should the grievor succeed in eventually gaining employment as a locomotive engineer arrangements will need to be made for an adjustment in respect of the severance payments which she received from the Corporation.

The grievance is therefore allowed, and the Arbitrator directs that Ms. Aubin be progressed to the next stage of the screening process.

Dated at Toronto, June 6, 2000

(signed) MICHEL G. PICHER

ARBITRATOR