CANADIAN RAILWAY OFFICE OF ARBITRATION
Supplementary Award to
CASE NO. 2680
Ontario Northland Railway
United TRansportation Union
Based on the written submission of the parties.
AWARD OF THE ARBITRATOR
17 May 1996
Lloyd Marshall Mike Restoule
General Chairman, UTU Manager, Labour Relations, ONR
North Bay, Ontario North Bay, Ontario
Further to your letters of March 5, 1996 and April 1, 1996, I am happy to provide clarification of the intention of the award in the matter of Mr. Quevillonís grievance and reinstatement (CROA 2680). The intention of the award, as is usual in cases of this kind, is to substitute a lengthy suspension for the demerit marks which were assessed against the grievor. There is nothing in the award which would contemplate his return to work at fifty-nine demerits. This Arbitratorís intention is that the grievor be reinstated with his record to stand at twenty-five demerits, the position he was in prior to the discipline which was the subject of the award.
Secondly, the Arbitrator has substantial concern with the Companyís interpretation of the grievorís obligation as it relates to the requirement to be subject to random alcohol testing, in a non-abusive fashion, for a two year period following his reinstatement. It is generally understood that a direction of that kind allows the Company to require an employee to undergo alcohol or drug testing at the Companyís initiative, without prior notice, at any point in time when the employee is on duty, or in a reasonable time immediately before or after a period of duty. It does not contemplate an employee being summoned by the Company during his days off or a leave of absence to be subjected to such testing. In the result, the Companyís directive that the grievor be available for alcohol testing on two hoursí notice, seven days a week, is beyond the requirement for a reasonable right of random alcohol testing contemplated in the award.
The position of the Union, as stated in the letter of Mr. Marshall of April 1, 1996, with respect to both the grievorís level of demerits and the conditions for random alcohol testing are sustained.
Yours very truly
Michel G. Picher