Heard in Montreal, Wednesday, 15 October 1997

concerning

and

Discharge of Mr. L. Simon for allegedly fraudulent claim for expenses.

In the spring/summer of 1995 the grievor submitted OCS expense claims which were denied by the Company. The grievor was then discharged for attempted fraud.

The Union contends that:

1.) While the grievor may have misunderstood the OCS expense policy he was not fraudulent.

2.) He was advised by supervisors to submit claims if he believed he was entitled to the OCS expenses.

3.) In any event the discipline was excessive.

4.) The Company violated article 18(2)(d) of the collective agreement by failing to provide all relevant evidence to the grievor at the start of the hearing and unjustly dealt with the grievor by having a CN Police officer give oral evidence at the investigation.

The Union requests that the grievor be reinstated forthwith with no loss of seniority and be fully compensated for all lost wages and benefits.

The Company denies the Brotherhood’s contentions and declines its request.

There appeared on behalf of the Company:

C. McDonnell – Senior Counsel, Toronto

G. Search – Assistant Manager, Labour Relations, Toronto

M. Stock – Labour Relations Officer, Toronto

D. Laurendeau – Human Resources Associate, Toronto

R. Layman – Regional Supervisor - Production, Supervisor

P. Baker – Rail Maintenance, Supervisor, Toronto

D. Strauss – CN Police Officer, Toronto

And on behalf of the Brotherhood:

E. Guiste – Counsel, Toronto

R. A. Bowden – System Federation General Chairman, Ottawa

D. Brown – Sr. Counsel, Ottawa

P. Davidson – Counsel, Ottawa

L. Simon – Grievor

The Arbitrator adjourned the hearing at the request of the parties.

On Tuesday, 9 December 1997, there appeared on behalf of the Company:

C. McDonnell – Senior Counsel, Toronto

G. Search – Assistant Manager, Labour Relations, Toronto

R. Layman – Regional Supervisor - Production, Supervisor

P. Baker – Rail Maintenance, Supervisor, Toronto

D. Strauss – CN Police Officer, Toronto

J. Hocking – CN Police Officer (Ret’d), Toronto

And on behalf of the Brotherhood:

E. Guiste – Counsel, Toronto

R. A. Bowden – System Federation General Chairman, Ottawa

D. Brown – Sr. Counsel, Ottawa

P. Davidson – Counsel, Ottawa

L. Simon – Grievor

HEARING ADJOURNED