CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 1467
Heard at Montreal, Tuesday, February 11, 1986
CP EXPRESS AND TRANSPORT LIMITED
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
The dismissal of employee Richard Brunette, Lachine Terminal, Montreal, Quebec.
JOINT STATEMENT OF ISSUE:
Employee R. Brunette, was dismissed from service for allegedly being in possession of stolen goods.
The Brotherhood requested he be reinstated with full seniority and reimbursed all monies lost while he was suspended.
The Company refused to adhere to the Brotherhood’s request.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD.) J. J. BOYCE (SGD.) N. W. FOSBERY
System General Chairman Director, Labour Relations
There appeared on behalf of the Company:
N. W. Fosbery – Director Labour Relations, CPET, Toronto
B. D. Neill – Director Human Resources, CPET, Toronto
B. Bennett – Human Resources Officer, CanPar, Toronto
And on behalf of the Brotherhood:
G. Moore – Vice-General Chairman, Moose Jaw
M. Gauthier – Vice-General Chairman, Montreal
J. Bechtel – Vice-General Chairman, Cambridge
M. Flynn – Vice-General Chairman, Vancouver
AWARD OF THE ARBITRATOR
Where an employee is charged and is found to have engaged in theft of his Employer’s property or the property of his Employer’s customers then the consequences of discharge are always tragic with respect to that employee and his family.
In this case the grievor, upon investigation by CP Police, was found to have had in his possession numerous pieces of property belonging to the Company’s customer, CP Rail, that he was not authorized to have. The grievor was convicted of theft and was appropriately penalized.
Nothing adduced in evidence has convinced me that the grievor, on a balance of probabilities, has not engaged in theft.
Accordingly, despite his long service with the Employer and the unhappy consequences that his termination has caused his family, I have not had presented any basis for disturbing the disciplinary result that was imposed.
The grievance is therefore denied.
(signed) DAVID H. KATES