Heard at Montreal, Thursday, April 10, 1986

Concerning

AND

The discipline assessed and dismissal of Can Par employee D. Burns, Toronto, Ontario.

This employee was assessed fifteen demerits for an alleged discrepancy found during a spot check of his vehicle on July 25, 1985, one parcel missing.

The Brotherhood contends the employee should have been given the opportunity to be present during this spot check, and further contends the people doing the spot check erred as this alleged missing parcel was returned to the shipper.

The Brotherhood requested the fifteen demerits be removed and the employee be reinstated with full seniority and reimbursed all monies lost.

The Company declined the Brotherhood's request.

There appeared on behalf of the Company:

B. D. Neill – Director Labour Relations, CPE&T, Toronto

N. W. Fosbery – Director Labour Relations, CPE&T, Toronto

D. Bennett – Human Resources Officer, CANPAR, Toronto

And on behalf of the Brotherhood:

J. Crabb – Vice-General Chairman, Toronto

J. Bechtel – Vice-General Chairman, Cambridge

It is common ground that on August 29, 1985 the grievor was assessed a total of 30 demerit marks for two alleged infractions that occurred during the course of his route.

The collective agreement requires the Trade Union to present a grievance within 14 days of the assessment of discipline. The Trade Union was granted an extension of the time limits to September 20, 1985. The extension was given presumably to enable the Trade Union to study the Q&A before it decided whether a grievance was warranted. The Trade Union did not present the grievance until September 23, 1985.

Accordingly the grievance is out of time.

The Trade Union argued that the time limits should have run from the time the Q&A was presented to the Trade Union on September 16, 1985. There is no merit in that argument. If the Trade Union was prevented from making an informed decision because of the belated receipt of the Q&A then it should have asked the Company for another extension. And, failing that, it was then obliged to adhere to the collective agreement.

The grievances are accordingly not arbitrable.