Heard at Montreal, Tuesday, June 11, 1985

Concerning

AND

Discipline of 45 demerit marks assessed Brakeman D. Kirkbride.

Brakeman D. Kirkbride was assessed 45 demerit marks for: "Violation of Rule 291 and 292, U.C.0.R., and exceeding restricted speed resulting in collision and subsequent damage to equipment at M.P. 86.8, Temagami Subdivision, on October 9, 1984."

The union appealed requesting that the discipline be reduced to 25 demerits. The company denied the appeal.

There appeared on behalf of the Company:

A. Rotondo – Manager Labour Relations, North Bay

And on behalf of the Union:

R. J. Proulx – Vice-President, Ottawa

J. M. Hone – Research Director, Ottawa

B. F. Newman – General Chairman, North Bay

Articles 59.2 and 59.3 of the collective agreement impose the imperative requirement that unsettled grievances must be referred to CROA within 60 calendar days of the General Manager’s reply at the third level of the grievance procedure.

The uncontradicted evidence indicated that the Trade Union erred in meeting that requirement. The Company has refused, as it might have, to waive the mandatory time limit in order to permit the hearing of the grievor’s grievance on its merit. Moreover, the Trade Union acknowledges that I have no discretion to waive or extend the 60 day time limit unilaterally.

Accordingly, irrespective of the innocence of the reasons that prompted the Trade Union’s delay in referring this grievance to CROA,