CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2577
Heard in Montreal, Thursday, 12 January 1995
VIA Rail Canada Inc.
United Transportation Union
Appeal of discipline assessed the record of Assistant Conductor B.T. Mann of Hornepayne.
Ex parte STATEMENT OF ISSUE:
On October 17, 1993 Assistant Conductor Mann was called to operate VIA Train #1 Hornepayne to Sioux Lookout. Due to operational difficulties which resulted in the delay to Train #1 on this date, Mr. Mann refused to proceed past Savant Lake Station enroute to Sioux Lookout because of the Hours of Service Regulations established by Transport Canada which prohibits employees from working more than 12 hours.
A officer of the Corporation was contacted by CN Rail, this officer directed Mr. Mann to proceed to Sioux Lookout regardless of the Hours of Service Regulations.
Mr. Mann refused to follow the supervisor’s instructions and he was subsequently required to attend a formal employee statement. Mr. Mann was then assessed 30 demerits for "failure to follow a supervisor’s instructions resulting in delay to Train #1 on October 17, 1993 thus inconveniencing 172 passengers unnecessarily."
The Union appealed the assessment of discipline assessed Mr. Mann on the grounds that Mr. Mann was subject to the Hours of Service Regulations and therefore was prohibited from following the directions of his supervisor. In addition, the Union appealed the discipline assessed against Mr. Mann on the grounds that the Corporation violated the provisions of article 73.1 of agreement 12 because Mr. Mann did not receive a fair and impartial investigation.
The Corporation declined the Union’s appeal
FOR THE UNION:
(SGD.) M. P. Gregotski
There appeared on behalf of the Corporation:
D. A. Watson – Senior Labour Relations Officer, Montreal
Wm.. Radcliffe – Transportation Officer, Customer Services, Corridor West, Toronto
And on behalf of the Union:
R. Beatty – Vice-General Chairperson, Hornepayne
M. P. Gregotski – General Chairperson, Fort Erie
W. G. Scarrow – General Chairperson, Sarnia
R. Roy – Local Chairperson, Capreol
R. Whoel – Local Chairman, CCROU(BLE), Hornepayne
B. Mann – Grievor
AWARD OF THE ARBITRATOR
The facts of the instant case are related in CROA 2576. It is common ground that all of the facts, including the treatment of Mr. Mann in respect of the disciplinary investigation, are identical to those in the case of Conductor Milks. For the reasons related in CROA 2576 the instant grievance is therefore allowed. The Corporation is directed to remove the thirty demerits assessed against the grievor forthwith.
13 January 1995 (signed) MICHEL G. PICHER