CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 1876
Heard at Montreal, Thursday, 12 January 1989
CANADIAN PARCEL DELIVERY
TRANSPORTATION COMMUNICATIONS UNION
The assessment of 15 demerits and dismissal of CanPar employee B. Murray, Prescott, Ontario.
UNION’S STATEMENT OF ISSUE:
This employee was assessed 15 demerits for allegedly falsifying company documents, and dismissed for accumulation of demerits.
The Union contends the employee completed the Delivery Record Sheet and Work Summary Card in the same manner he was instructed to at the time of his training, when hired.
The employee was off work ill for a number of months, and completed the forms in the same manner, not knowing instructions had been changed.
The Union requested the demerits be removed from the employee’s record, and he be reinstated with full seniority, benefits and wages lost.
The Company declined the Union’s request stating "... he was so flabbergasted by his own actions that he was left speechless and could not answer any questions ..." when in fact he was exercising the rights afforded him by the Collective Agreement, Article 6.2.
FOR THE UNION:
(SGD.) J. J. BOYCE
There appeared on behalf of the Company:
D .D. Francis – Counsel, Toronto
F. McMullen – Director, Labour Relations
R. Musch – Regional Director, Toronto
G. Code – Supervisor, Prescott
And on behalf of the Union:
D. Wray – Counsel, Toronto
J. J. Boyce – General Chairman, Toronto
M. Gauthier – Vice-General Chairman, Toronto
J. McCaw – Witness
M. Baynham – Witness
B. Murray – Grievor
AWARD OF THE ARBITRATOR
For the reasons related in CROA 1877, this grievance is allowed, in part.
13 January 1989 (Sgd.) MICHEL G. PICHER