CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 1541
Heard at Montreal, Wednesday, July 9, 1986
CANADIAN PACIFIC LIMITED
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES
Five (5) demerit marks were assessed to Y. Senecal's record due to an accident at work.
JOINT STATEMENT OF ISSUE:
On November 5, 1985, employee Y. Senecal was summoned to a disciplinary investigation, concerning an accident which occurred on September 18, 1985. Following the investigation, five (5) demerit marks were affixed to his record.
The Brotherhood maintains that the disciplinary measure taken against Y. Senecal is unjustified due to the fact that the employee has never violated any rule or directive, and that the Company was unable to establish the responsibility of the employee, as provided by Article 27.1 of the Collective Agreement.
It is to be noted, that the disciplinary investigation was scheduled almost two months after the accident.
The employer denied the grievance.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD.) P. VERMETTE (SGD.) R. L. BENNER
FOR: General Chairman Director of Materials
There appeared on behalf of the Company:
P. P. Macarone – Supervisor, Training & Accident Prevention, Montreal
J. Y. Noel, C.D. – Assistant Manager of Materials, Montreal
P. E. Timpson – Labour Relations Officer, Montreal
And on behalf of the Brotherhood:
J. Germain – Vice-General Chairman, Montreal
D. J. Bujold – General Chairman, Montreal
J. Manchip – Vice-General Chairman, G.S.T., Montreal
Y. Senecal – Grievor
AWARD OF THE ARBITRATOR
In this case I am satisfied that the grievor's accident was avoidable and thereby could have been prevented had he exhibited the requisite degree of care.
In light of his previous record of discipline with respect to preventable accidents a 5 demerit mark penalty in the instant case was not unwarranted.
The grievance is denied.
(signed) DAVID KATES