CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2423
Heard in Montreal, Thursday, 11 November 1993
CANADIAN PACIFIC EXPRESS & TRANSPORT
TRANSPORTATION COMMUNICATIONS UNION
The assessment of a warning letter to CPET employee William Barker, Belleville, Ontario.
UNION'S STATEMENT OF ISSUE:
Employee William Barker was advised in writing dated March 16, 1993 that a warning letter for a verbal exchange between employee Gary Beebe was being placed in his file.
The Union asserts that this was just a heated exchange between two (2) employees who later settled it an did not warrant the discipline assessed.
The Union requested this warning letter be removed from his record.
The Company declined the Union's request.
FOR THE UNION:
(SGD.) D. J. Dunster
There appeared on behalf of the Company:
M. D. Failes – Counsel, Toronto
B. F. Weinert – Director, Labour Relations, Toronto
W. Sharpe – Terminal Manager, Belleville
W. Snider – Witness
And on behalf of the Union:
D. W. Ellickson – Counsel, Toronto
D. J. Dunster – Executive Vice-President, Toronto
G. Rendell – Divisional Vice-President, Ottawa
A. Dubois – Divisional Vice-President, Quebec
Wm. Barker – Grievor
AWARD OF THE ARBITRATOR
The Arbitrator is satisfied that the warning letter issued to Mr. Barker, in respect of his verbal confrontation with Mr. Beebe on or about February 25, 1993, the circumstances of which are related in part in CROA 2422, was fully justified. The grievance is therefore dismissed.
12 November 1993 (Sgd.) MICHEL G. PICHER