AH – 500

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

GRIEVANCE RE INTERVIEW PROCESS – RYAN WHETTER

SOLE ARBITRATOR:                                Michel G. Picher

APPEARING FOR THE BROTHERHOOD:

Scott Chamberlain                – Legal Counsel, Ottawa

J. L. Shields                           – Legal Counsel, Ottawa

John Tofflemire                      – General Chairman, Oakville

APPEARING FOR THE CORPORATION:

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

Melanie Bastien                    – Labour Relations Officer, Montreal

APPEARING FOR THE OBSERVER:

Frank O’Neil                          – Labour Relations Associate, CNR, MacMillan Yard

A hearing in this matter was held in Montreal on November 29, 2000

 AWARD OF THE ARBITRATOR

            Mr. Whetter is an employee of some twenty-four years in the railway industry, having ten years’ service with VIA Rail.

            The record discloses that Mr. Whetter scored forty-five points on the first part of his locomotive engineer training interview, section A concerning decision making skills/ working under minimal supervision. A minimum of fifty-nine points was required for that section. A review of the interview document reveals that Mr. Whetter performed impressively in virtually all parts of the interview save the first section, and in particular questions 1 and 2 of section A. Significantly, some fourteen points were ascribed to the ability of the employee to respond quickly, a fact of which neither the grievor nor any other interviewee was made aware. For reasons touched upon in the companion awards, the Arbitrator is satisfied that that involved an unfairness to the candidates. The score for Mr. Whetter in respect of section A must therefore be adjusted upwards by fourteen points. That adjustment, combined with the forty-five points scored, places him at fifty-nine points, the pass mark for that section. He would, therefore, be entitled on that basis to proceed to locomotive engineer training.

            The grievance is therefore allowed. The Arbitrator directs that Mr. Whetter be enrolled in the locomotive engineer training course. I retain jurisdiction in the event of any dispute between the parties concerning issues of compensation, seniority or any other aspect of the interpretation or implementation of this award.

Dated at Toronto, this 15th day of December 2000

                                                                             _________________________________

                                                                                                MICHEL G. PICHER

                                                                                                      ARBITRATOR