AH – 488

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
JOSEPH BUTT

 

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 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

ARBITRATOR