Canadian Railway Arbitration Awards - Archive 2003

December 21, 2003

The eight (8) new awards from the December CROA session in Montreal include a dismissal at Canpar for sleeping on the job (CROA 3385), and five Brotherhood of Locomotive Engineers cases on CN and VIA (CROA 3386, CROA 3387,CROA 3388, BACF 3389, and BACF 3390). The last of these involves an engineer who was disciplined for insubordination when he asked that a supervisor's order contrary to the operations manual be given to him in writing -- the discipline was rescinded by the arbitrator. Finally, CROA 3391 and CROA 3392 concern the dismissal of a CAW member at VIA for accumulation of demerits.

November 30, 2003

Today we have 4 new Shopcraft and one Ad Hoc award ( AH 0524, CN vs. UTU) from Arbitrator Ted Weatherill, and 5 awards from Arbitrator M. Picher at the November CROA session in Calgary.

SHP 571 and SHP 572 involve the dismissal and reinstatement of an employee for abusive behaviour and insubordination. The awards are interesting for their treatment of demerits, suspension, and compensation under the Brown system of discipline.

In SHP 573, the grievor collected Job Security benefits and had EI benefits clawed back after he earned more than the legal maximum that year. The arbitrator decided that the railway did not have to reimburse him.

In SHP 574, the arbitrator ruled that waste removal on passenger cars may not be contracted out.

This month's CROA cases include three dismissals ( CROA 3380, CROA 3381, and CROA 3384), one reprimand for refusing a call ( CROA 3383), and a policy grievance involving the abolishment of traffic coordinators' job and work ownership ( CROA 3382). (NOTE: CROA 3382 has since been "vacated" by consent of the parties, effective May 11, 2004.)

November 22, 2003

I'm posting the October CROA awards a bit late, after waiting to be sure my new web host was stable. Today's cases include a number of dismissals for fraudulent time claims ( CROA 3372 and BACF 3379), possession of marijuana at work ( CROA 3377), and reporting for work while severely intoxicated ( CROA 3378). We also have awards on the Brown System of discipline ( CROA 3374), the duty to accommodate disability ( CROA 3372), and a run-around claim ( CROA 3373).

October 4, 2003

There are two additions to the Ad Hoc series, AH 0522 and AH 0523.
The new Shopcraft awards are SHP 554S, SHP 564, SHP 565, SHP 566, SHP 567, SHP 568, SHP 569, and SHP 570. Several of these involve the duty to accommodate disabled employees. My pick for required reading is SHP 569, which demonstrates the perils (for the employer) of mixing up culpable and innocent absences.
Finally, we have ten September CROA awards: CROA 3361, CROA 3362, BACF 3363, CROA 3365, CROA 3366, CROA 3367, CROA 3368, CROA 3369, CROA 3370, and CROA 3371.

August 3, 2003

There are two new Shopcraft awards, both involving dismissals by CPR at Coquitlam (click here).The July CROA session in Edmonton produced 14 awards (click here). I found the following ones of particular interest:
CROA 3348: Accommodation of a senior employee would have meant bumping out a new hire -- the union requested that, but wouldn't agree to waive a possible grievance by the junior employee. (Grievance dismissed.)
CROA 3354: Disabled employee may have to relocate if accommodation isn't possible at home location without undue hardship to employer.
CROA 3355: The duty to accommodate "the medical disability of alcoholism" may include accommodating a relapse.
CROA 3356: Dismissal of a 35-year-service employee who misidentified a hot-axle car and later declined "deferred discipline". (Reinstated with 30 demerits and full compensation)