Heard in Montreal, Thursday, 10 December 1998

concerning

and

The issue in dispute involves the discipline (10 demerits) issued Mr. L. Masse by notice of form 104 dated February 14, 1997.

On February 14, 1997, Mr. Masse was advised as follows;

"Please be informed that your record has been debited with 10 demerit marks for absenteeism between January 03, and February 05, 1997, as a result of 1 missed call, 7 separate occasions of booking sick, 1 personal leave day and being late for work on 1 occasion in addition to booking OK for duty when required and committed to attend a Formal Investigation on February 05, 1997, resulting in a delay to the Assignment for which you accepted the call."

The Union's grievance is premised on the company's failure to comply with the Canada Labour Code, section 239.1 c. The protections afforded under the Labour Code recognize that the Company is obligated to question the bona fides of the grievor's illness at the time it is asserted.

Furthermore, the Union submits, the Company failed to discharge the burden of proof in this case by failing to base their conclusions, on the bare evidence in this case.

Accordingly, the Union has requested that the discipline imposed be expunged from Mr. Masse's work record. Further, that he be compensated for any loss of earning or benefits, which may have resulted from this incident.

The Arbitrator directs that files CROA 3018, 3019 and 3020 be hereby consolidated for the purposes of a single award.