CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2013
Heard at Montreal, Thursday, 15 March 1990
Concerning
CP EXPRESS & TRANSPORT
And
TRANSPORTATION COMMUNICATIONS UNION
DISPUTE:
Notification of termination due to accumulation of demerits to employee Ed Pokonzie, Spareboard Driver, Obico.
JOINT STATEMENT OF ISSUE:
The grievor filed a grievance with respect to the above.
The Union asserts that the dismissal is without cause and unjust (contrary to Article 8) and in the alternative that this penalty is too severe.
The Union request that the grievor be reinstated with full pay and benefits or such other remedy as the arbitrator feels appropriate.
The Company has denied the Union's request.
FOR THE UNION: FOR THE COMPANY:
(
SGD) J. J. BOYCE (SGD) B. F. WEINERTGENERAL CHAIRMAN MANAGER, LABOUR RELATIONS
There appeared on behalf of the Company:
M. D. Failes – Counsel, Toronto
B.F. Weinert – Manager, Labour Relations, Toronto
And on behalf of the Union:
M. Church – Counsel, Toronto
J. Crabb – Secretary/Treasurer, Toronto
E. Pokonzie – Grievor
AWARD OF THE ARBITRATOR
For the reasons related in CROA 2012 the Arbitrator deems that the grievor should be reinstated on the terms therein described.
March 16, 1990 (Sgd.) MICHEL G. PICHER
ARBITRATOR