CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2820
Heard in Montreal, Thursday, 16 January 1997
Canadian National Railway Company
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada)
Assessment of discipline to Mr. T. DeRose of Thunder Bay, Ontario.
Joint STATEMENT OF ISSUE:
Following an investigation held on 10 March 1994, Mr. DeRose was assessed 10 demerits for sleeping during the course of his shift on 08 March 1994.
It is the Union’s position that Mr. DeRose was feeling ill and as such during his lunch/coffee break he decided to lie down. Furthermore, the discipline assessed was beyond the 21 days as laid out in article 24.2 of agreement 5.1. Therefore, the Union requests that all discipline be removed from Mr. DeRose’s record.
The Company denies the request.
FOR THE Union: for the Company:
(SGD.) A. S. Wepruk (sgd.) J. Torchia
National Coordinator for: Senior Vice-President, Western Canada
There appeared on behalf of the Company:
D. Lanthier – Labour Relations Officer, Edmonton
S. Michaud – Labour Relations Officer, Edmonton
J. Dixon – Manager, Labour Relations, Edmonton
C Colquhoun – Senior Technical Officer, Winnipeg
And on behalf of the Union:
A. S. Wepruk – National Coordinator, Montreal
A. DeRose – Grievor
AWARD OF THE ARBITRATOR
For the reasons related in CROA 2821, the grievance is allowed, in part.
January 20, 1997 (signed) MICHEL G. PICHER