AH – 493

IN THE MATTER OF AN ARBITRATION

BETWEEN

VIA RAIL CANADA INC.

(the "Corporation")

AND

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

(the "Brotherhood")

RE: LOCOMOTIVE ENGINEER TRAINING SELECTION PROCESS
MICHEL MORIN

Sole Arbitrator: Michel G. Picher

Appearing For The Brotherhood:

E. J. Houlihan – Senior Manager, Labour Relations, Montreal

M. Bastien – Labour Relations Officer, Montreal

J. Lafleur – Counsel, Montreal

Appearing For The Corporation:

J. L. Shields – Counsel, Ottawa

J. Tofflemire – General Chairman, Oakville

G. Hallé – Canadian Director, Ottawa

A hearing in this matter was held in Montreal on Friday, June 16, 2000.

AWARD

The record before the Arbitrator reveals that Mr. Morin was disciplined for a serious rules infraction on January 3, 1997, arising out of an incident in November of 1996 in which his train failed to slow down following an approach signal, and entered a siding, with its emergency brakes applied. While the grievor’s presence in the body of the train on the occasion of the initial failure to honour the approach signal might be cause for mitigation, it does not appear disputed that he involved himself in a number of rules violations in the aftermath of the incident, once his train was stopped. He apparently failed to properly flag his train and, perhaps most importantly, did not immediately advise the RTC of the fact that his train had been placed into the emergency braking mode, a clear rules requirement.

In the Arbitrator’s view the Corporation could fairly look with some concern upon that incident as reason to find that Mr. Morin is not suitable for locomotive engineer training. While its decision in that regard might be debatable, it clearly was not taken on basis which was arbitrary, discriminatory or in bad faith. I should add that I see no evidence before me to establish the suggestion of the Brotherhood to the effect that Mr. Morin was denied locomotive engineer training on the basis of his age.

For all of the foregoing reasons the grievance must be dismissed.

Dated at Toronto, June 20, 2000

(signed) MICHEL G. PICHER

ARBITRATOR