CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2090
Heard at Montreal, Thursday, 13 December 1990
CANADIAN PACIFIC LIMITED
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
The dismissal of Locomotive Engineer P. Salvatore for "conduct incompatible with your employment as evidenced by your involvement with the trafficking of narcotics (cocaine), Calgary, Alberta, September 28, 1988."
JOINT STATEMENT OF ISSUE:
On November 28, 1988, after the completion of a proper investigation, the Company dismissed Mr. P. Salvatore for the reasons outlined above.
The Brotherhood contends that Mr. Salvatore ought not to have been dismissed and has requested the grievor’s reinstatement without compensation for lost wages or benefits and without loss of seniority.
The Company has refused the Brotherhood’s grievance and refuses to reinstate Mr. Salvatore.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD.) T. G. HUCKER (SGD.) K. JANSENS
GENERAL CHAIRMAN for: GENERAL MANAGER, OPERATIONS & MAINTENANCE WEST, HHS
There appeared on behalf of the Company:
M. E. Keiran – Assistant Unit Manager, Labour Relations, Vancouver
F. O. Peters – Labour Relations Officer, Montreal
And on behalf of the Brotherhood:
T. G. Hucker – General Chairman, Calgary
D. C. Curtis – Vice-General Chairman, Calgary
R. J. Cameron – General Secretary/Treasurer, Revelstoke
W. M. Jessop – General Chairperson, UTU, Calgary
AWARD OF THE ARBITRATOR
The material before me establishes, on the balance of probabilities, that Locomotive Engineer Salvatore was a knowing participant in a drug transaction which resulted in a conviction of two other persons for trafficking in cocaine. While the grievor’s involvement was secondary, and did not result in a similar conviction against him, the facts reveal circumstances which give the Company justification for its concern for the involvement of the grievor in an activity incompatible with his employment as a locomotive engineer. For reasons fully articulated in prior awards of this Office, the
Company is entitled to the assurance that an employee in the safety sensitive position of a locomotive engineer is not involved in using or trafficking in a prohibited narcotic. On the basis of the implausible explanations advanced by the grievor in respect of his own conduct at the time of his arrest and charge, the Company cannot have that assurance where Mr. Salvatore is concerned. (See CROA 1703 and 2039.)
For all of the foregoing reasons the grievance must be dismissed.
December 14, 1990 (Sgd.) MICHEL G. PICHER