CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 2837
Heard in Montreal, Thursday, 13 March 1997
Canadian National Railway Company
Brotherhood of Maintenance of Way Employees
Appeal of discipline on behalf of Mr. Larry Brooks, PIN 168592.
Ex Parte STATEMENT OF ISSUE:
On September 23, 1996, Mr. Brooks was assessed 30 demerits for the alleged unauthorized use of a Company vehicle on July 19, 1996.
The Union contends that: 1.) The grievor has been unjustly and unfairly dealt with by the Company. 2.) The discipline assessed was excessive and unwarranted in the circumstances. The Union requests that the discipline assessed be rescinded.
The Company denies the Union’s contentions and declines the Union’s request.
FOR THE Brotherhood:
(SGD.) R. F. Liberty
System Federation General Chairman
There appeared on behalf of the Company:
S. Blackmore – Labour Relations Officer, Edmonton
J. Dixon – Manager, Labour Relations, Edmonton
S. Michaud – Assistant Manager, Labour Relations, Edmonton
And on behalf of the Brotherhood:
D. Brown – Sr. Counsel, Ottawa
R. F. Liberty – System Federation General Chairman, Winnipeg
K. M. Deptuck – Vice-President, Ottawa
L. P. Gladish – General Chairman & Secretary/Treasurer, Winnipeg
P. Davidson – Counsel, Ottawa
L. Brooks – Grievor
AWARD OF THE ARBITRATOR
For the reasons expressed in CROA 2838, the grievance is allowed, in part.
March 14, 1997 (signed) MICHEL G. PICHER