CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 2724

Heard in Montreal, Thursday, 11 April 1996

concerning

Canadian National Railway Company

and

Canadian Council of Railway Operating Unions [United Transportation Union]

DISPUTE:

Appeal the discharge of Traffic Coordinator J.C. Ayotte of Montreal, Quebec effective 18 September 1995.

JOINT STATEMENT OF ISSUE:

Following an investigation J.C. Ayotte was discharged from the services of the Company effective September 18, 1995 for sexual harassment of a female employee of Canadian National Railway on the 24th of August 1995 while employed as a Traffic Coordinator at Pointe-St-Charles.

The Union requests the reinstatement of Mr. Ayotte without loss of seniority and with compensation for all lost time on the grounds that: (a) the alleged impropriety was not handled in accordance with the Company’s Sexual Harassment Policy; (b) the grievor was not provided a fair and impartial investigation and the discipline assessed was unwarranted and, in any event, excessive.

The Company declined the Union’s appeal.

FOR THE Council: FOR THE COMPANY:

(SGD.) W. G. Scarrow (SGD.) A. E. Heft

General Chairman for: Vice-President, CN East

There appeared on behalf of the Company:

J. Curtis McDonnell – Counsel, Toronto

J. Vaasjo – Labour Relations Officer, Toronto

R. Bateman – Assistant Manger, Labour Relations, Toronto

D. Laurendeau – Assistant Manger, Labour Relations, Montreal

And on behalf of the Council:

K. Cahill – Counsel, Monteal

W. G. Scarrow – General Chairman, Sarnia

R. J. Long – Vice-General Chairman, Hamilton

J. C. Ayotte – Grievor

The hearing was adjourned at the request of the parties and ultimately resolved between the parties.