AH – 488
IN THE MATTER OF AN ARBITRATION
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
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 record reveals that the grievor, Mr. J. Butt, is a yardmaster. Significantly, however, he was involved in an important infraction involving the movement of a train in Union Station, for which he was demoted to yard foreman for a two year period, commencing in May of 1994.
In the Arbitrator’s view it was legitimate for the Corporation to take that incident into account in deciding, as it did, that the grievor was disqualified from applying to the locomotive engineer training program by reason of the Work Habits Assessment. While the Corporation’s view may be seen as conservative, and arguably harsh, it is not arbitrary in the circumstances, and cannot be disturbed by the Arbitrator.
For these reasons the grievance of Mr. Butt must be dismissed.
Dated at Toronto, June 6, 2000
(signed) MICHEL G. PICHER