CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 1718
Heard at Montreal, Wednesday, 11 November 1987
CANADIAN PACIFIC LIMITED
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
Mr. D. Covre experienced back pain on June 3, 1986 and was advised to see his physician. The Company Chief of Medical Staff requires Mr. Covre to lose weight to ensure that he is fit to return to work, prior to his being allowed to resume duty.
JOINT STATEMENT OF ISSUE:
The Union contends that: 1.) The Company is violating Section 18.1, 18.3 and 18.4, Wage Agreement 41, by not allowing Mr. Covre to return to work. 2.) Mr. Covre, when hired 14 years previously, weighed the same as now and he was not considered overweight prior to the incident of June 3, 1986. 3.) Mr. Covre should have been allowed to return to work July 28, 1986, as stated by his doctors and paid for any loss in wages from October 9, 1986 and onward.
The Company denies the Unions contention and declines payment and reinstatement of Mr. Covre.
FOR THE Brotherhood: FOR THE COMPANY:
(SGD.) H. J. THIESSEN (SGD.) R. A. DeCicco
System Federation General Chairman General Manager, Operation and Maintenance
There appeared on behalf of the Company:
B. L. Mittleman Counsel, Montreal
R. A. Colquhoun Labour Relations Officer, Montreal
R. A. Decicco Supervisor, Labour Relations, Toronto
M. K. Couse Assistant Supervisor, Labour Relations Toronto
J. Lalibert Roadmaster, Sudbury
D. A. Stuart Deputy Roadmaster, Smith Falls
Dr. M. Grimard Chief of Health and Medical Services, B.Sc., M.D., M.Sc., Ph.D., Montreal
And on behalf of the Brotherhood:
M. Gottheil Assistant to Vice-President, Ottawa
M. L. McInnes System Federation General Chairman, Ottawa
L. M. DiMassimo Federation General Chairman, Ottawa
R. Paris Observer
D. Grey Witness
D. Covre Grievor
At the request of the parties, the case was adjourned sine die during the hearing.