CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2196
Heard at Montreal, Thursday, 10 October 1991
TRANSPORTATION COMMUNICATIONS UNION
The assessing of 15 demerits to employee C. Schenk, CanPar, Toronto, for a motor vehicle accident he was involved in.
JOINT STATEMENT OF ISSUE:
On November 15, 1990, employee C. Schenk was involved in a motor vehicle accident for which he was assessed 15 demerits.
The Union grieved the assessing of 15 demerits stating it was excessive.
The Company denied the Unions request.
FOR THE UNION: FOR THE COMPANY:
(SGD.) J. J. BOYCE (SGD.) P. D. MacLEOD
SYSTEM GENERAL CHAIRMAN DIRECTOR, HUMAN RESOURCES
There appeared on behalf of the Company:
M. Failes Counsel, Toronto
P. D. MacLeod Director, Linehaul & Safety, Toronto
J. Tucci Witness
R. Parisi Witness
And on behalf of the Union:
M. Church Counsel, Toronto
J. Crabb Executive Vice-President, Toronto
M. Gauthier Vice-President, Montreal
C. Schenk Grievor
AWARD OF THE ARBITRATOR
The material establishes to the satisfaction of the Arbitrator that the grievor was culpably involved in a motor vehicle accident on November 15, 1990, which justified the assessment of fifteen demerits. He changed lanes in a careless fashion on a busy expressway, causing serious damage to a passenger vehicle. The incident involved a traffic violation for which the grievor was fined. I am satisfied, on the balance of probabilities, that he could, by the exercise of care, have observed and avoided the vehicle, which was in the process of overtaking him on the right. In the circumstances, I am compelled to conclude that the fifteen demerits assessed against Mr. Schenk were within the appropriate range of discipline.
For the foregoing reasons the grievance is dismissed.
11 October 1991 (Sgd.) MICHEL G. PICHER