CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 870
Heard at Montreal, Wednesday, October 14, 1981
CANADIAN PACIFIC TRANSPORT COMPANY LIMITED
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
Mr. H. Rawdon, a CP Transport Calgary based driver, was assessed sixty demerit marks which resulted in his dismissal for falsification of trip reports claiming work and delay time not worked.
EMPLOYEES’ STATEMENT OF ISSUE:
Article 35.3 (d) of the Collective Agreement provides for each driver to be paid for terminal delay. The Union’s contention is that the Company did not show just cause for the dismissal of Mr. Rawdon, and request that the sixty demerit marks assessed be removed from his record and Mr. Rawdon be reinstated and reimbursed for all loss of earnings.
The Company declined the request.
FOR THE EMPLOYEES:
(SGD.) R. WELCH
SYSTEM GENERAL CHAIRMAN.
There appeared on behalf of the Company:
N. W. Fosbery – Director Labour Relations, Willowdale
And on behalf of the Company:
R. Welch – System General Chairman, Vancouver
P..L. Rouillard – Vice General Chairman, Vancouver
M. Krystofiak – General Secretary-Treasurer, Calgary
AWARD OF THE ARBITRATOR
The facts in this case, insofar as they relate to the preliminary objection, are identical to those of Case No. 869. What is said in that case applies equally here. For the reasons there set out, the grievance is dismissed.
(signed) J. F. W. WEATHERILL