CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2724
Heard in Montreal, Thursday, 11 April 1996
Canadian National Railway Company
Canadian Council of Railway Operating Unions [United Transportation Union]
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.