CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2071
Heard at Montreal, Tuesday, 13 November 1990
CANADIAN NATIONAL RAILWAY COMPANY
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Dismissal of Locomotive Engineer R. Lachance, 10 October 1989, for the accumulation of more than 60 demerits
JOINT STATEMENT OF ISSUE:
On 27 September 1989, Mr. R. Lachance was the locomotive engineer on Train 389 (Extra 9443 South) operating between Garneau (Quebec) and Montreal. On that date a work crew was working between Mileage 102 and Mileage 112 on the Joliette Subdivision.
The crew of Train 389 was in possession of the train order reproduced below:
"Between the following hours:
zero seven hundred 0700
and eighteen hundred 1800
southbound trains approaching the red signal at Mileage one hundred two 102
and northbound trains approaching the red signal at Mileage one hundred twelve 112
be prepared to stop and do not pass this signal without instructions to do so
from Foreman Gérard Lebeau
either by radio communication or by personal contact"
Despite the requirements of the train order, part of the grievors trains passed the red signal at Mileage 102, without the prior authorization of Foreman Lebeau.
Following an investigation, 30 demerit marks were assessed to the grievor for: having failed to conform to the requirements of UCOR Rule 27, resulting in a violation of UCOR Rule 42 at Mileage 102 on the Joliette Subdivision, while working as the locomotive engineer on Extra 9443 South, 27 September 1989.
This discipline, when added to the 45 demerit marks already on his discipline record, gave the grievor a total of 75 demerits, which resulted in his discharge.
The Brotherhood maintains that the red signal was badly situated, that this was a minor incident which did not present any risk of collision, and that for this reason the discipline is unjustified and, in any case, too severe.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD) G. HALLé (SGD) M. DELGRECO
GENERAL CHAIRMAN FOR: ASSISTANT VICE-PRESIDENT, LABOUR RELATIONS
There appeared on behalf of the Company:
M. S. Hughes System Labour Relations Officer, Montreal
J. B. Bart Manager, Labour Relations, Montreal
J. E. Pasteris Manager, Labour Relations, St. Lawrence Region, Montreal
O. Lavoie Labour Relations Officer, St. Lawrence Region, Montreal
A. Zubricky General Yardmaster, Rivière des Prairies
M. S. Fisher Coordinator, Transportation, Montreal
And on behalf of the Brotherhood:
G. Hallé General Chairman, Quebec
G. Whiteman Local Chairman, Montreal
R. Lachance Grievor
AWARD OF THE ARBITRATOR
The evidence establishes, to the satisfaction of the Arbitrator, that the grievor was liable to a significant amount of discipline for passing the red flag at Mileage 102, contrary to the directives of his daily operating bulletin, as well as the requirements of UCOR Rules 27 and 42. Given the state of his discipline record, which includes two incidents of speeding, one of which occurred after his reinstatement by the Arbitrator in 1988 (CROA 1769), I must come to the conclusion that the thirty demerits, and his subsequent discharge, were justified in the circumstances of this case.
For these reasons the grievance is dismissed
November 16, 1990 (Sgd.) MICHEL G. PICHER