CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2243
Heard at Montreal, Thursday, 12 March 1992
CANADIAN PACIFIC LIMITED
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Reinstatement of Locomotive Engineer D.A. Gosselin, London, Ontario.
JOINT STATEMENT OF ISSUE:
Following an investigation conducted on March 13, 1990 in connection with Gosselin's tour of duty on March 5, 1990 he was dismissed for reporting for duty under the influence of alcohol, a violation of Rule G, UCOR.
The Brotherhood has appealed the dismissal of Mr. Gosselin requesting his reinstatement on the grounds that the penalty was too severe.
The Company has refused to reinstate Mr. Gosselin.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD.) G. N. WYNNE (SGD.) J. S. McLEAN
GENERAL CHAIRMAN for: GENERAL MANAGER, OPERATIONS & MAINTENANCE, IFS
There appeared on behalf of the Company:
J. S. McLean – Manager, Labour Relations, IFS, Toronto
R. A. Colquhoun – Manager, Industrial Relations, Montreal
B. P. Scott – Labour Relations Officer, Montreal
G. Chehowy – Labour Relations Officer, Montreal
H. B. Butterworth – Assistant Manager, Labour Relations, IFS, Toronto
K. J. O'Brien – Deputy Superintendent, London
K. Sinclair – Witness
And on behalf of the Union:
G. N. Wynne – General Chairman, Smiths Falls
W. Foster – Local Chairman, London
AWARD OF THE ARBITRATOR
On the basis of the material filed the Arbitrator cannot conclude that the penalty assessed against the grievor was too severe. Most significantly, there is no evidence upon which it can be reliably concluded that his acknowledged drinking problem has been brought under control.
For the foregoing reasons the grievance must be dismissed.
March 13, 1992 (Sgd.) MICHEL G. PICHER