CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 1750

Heard at Montreal, Tuesday, 9 February 1988

Concerning

CANADIAN PACIFIC LIMITED

And

TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION

EX PARTE

DISPUTE:

Mr. M. McKye was assessed discipline of 45 demerit marks.

UNION'S STATEMENT OF ISSUE:

Due to fork lifter machine tipping, Mr. McKye was disciplined 45 demerit marks.

The Union considers the 45 demerits as being excessive discipline

FOR THE UNION:

(SGD.) J. MANCHIP

for: General Chairman

There appeared on behalf of the Company:

P. E. Timpson Labour Relations Officer, Montreal

E. P. Wahl Manager, Operations, Toronto

M. Kennedy Acting Terminal Manager, Toronto

C. Lohan Director, Accident Prevention, Montreal

And on behalf of the Union:

J. Manchip Vice-General Chairman, GST, Toronto

J. H. Germain General Chairman, Montreal

C. Pinard Vice-General Chairman,

G. B. Gonzales Local Chairman, Toronto

F. Devine Local Chairman, Toronto

M. McKye Grievor

 

AWARD OF THE ARBITRATOR

The material establishes that on March 11, 1987 Mr. McKye caused a Toplifter Machine, a heavy piece of equipment used for lifting cargo containers, to tip over, causing $30,000.00 in damage. The Arbitrator is satisfied that the accident occurred as a result of the grievor's excessive speed while operating the machine as he rounded a corner. The sole issue in these proceedings is the appropriate measure of discipline. The grievor is an employee of some eight years' seniority whose disciplinary record was clear at the time of the accident. While the incident was plainly serious, in the Arbitrator's view the imposition of forty-five demerits is excessive in the circumstances. The grievor's record shall therefore be amended to reflect the imposition of thirty demerits for the incident in question.

(signed) MICHEL G. PICHER

ARBITRATOR