IN THE MATTER OF THE GRIEVANCE
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
(the “Company”)
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (COUNCIL NO. 11)
(the “Union”)
GRIEVANCE CONCERNING THE DISMISSAL OF MARTIN DAGNEAULT CN-IBEW-2014-00001
ARBITRATOR: MICHEL G. PICHER
COMPANY REPRESENTATIVES:
Denis Laurendeau - Manager, Labour Relations, Montreal
Sylvie Grou - Senior Manager,
Labour Relations, Montreal
UNION REPRESENTATIVES:
Sylvain Beauchamp - Attorney
Luc Couture - International Union representative
Telephone hearing of December 8, 2014.
SUPPLEMENTARY AWARD
Further to the arbitration award issued on September 15, 2014, the parties disagree as to the length of the suspension period applicable to the grievor. The award reinstated Mr. Dagneault to his duties with half compensation for loss of salary and benefits. The Company treats half of the period between the grievor’s dismissal and his reinstatement as a suspension period to be recorded in his file. The Union claims that there is no reason to record a suspension in the grievor’s file.
I must agree with the Employer. The award of September 15, 2014, reduced the discipline assessed to the grievor. In my opinion, it is obvious that, if the grievor is paid for half of his suspension period, the other half of said period is still a suspension to be recorded in the grievor’s personnel file. I cannot really see how the period for which he is not paid could be considered anything other than an unpaid suspension period. For the reasons given, I confirmed that interpretation during a telephone hearing on December 8, 2014, and upheld the position of the Company.
For the reasons set forth above, I hereby confirm that the Employer’s position is correct.
I remain seized of the matter.
Signed in Ottawa, Ontario, on December 8, 2014.
Michel G. Picher
Arbitrator