CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 3106
Heard in Montreal, Thursday, 13 April 2000
concerning
CANADIAN NATIONAL RAILWAY COMPANY
and
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA)
DISPUTE:
The assessment of fifty demerit marks and sixteen days’ suspension to Guy Verdi for insubordination.
JOINT STATEMENT OF ISSUE:
On July 27, 1999, Mr. Surducan attended a disciplinary investigation for alleged insubordination on July 20, 1999. As a result of the investigation, the Company assessed fifty demerit marks and sixteen days’ suspension to the record of Mr. Surducan for insubordination.
The Union alleges that the discipline is unwarranted and unduly severe and, furthermore, constitutes a double penalty.
Accordingly the Union requests that the disciplinary record be modified and that the employee be made whole.
The Company denies the Union’s contention.
FOR THE UNION: FOR THE COMPANY:
(
SGD.) R. JOHNSTON (SGD.) S. GROUPRESIDENT, NATIONAL COUNCIL 4000 FOR: DIRECTOR, LABOUR RELATIONS
There appeared on behalf of the Company:
J. Coleman – Counsel, Montreal
S. Grou – Manager, Employment Legislation, Montreal
D. Gagné – Terminal Manager, Monterm, Montreal
G. Chartrand – Terminal Coordinator, Monterm, Montreal
And on behalf of the Union:
A. Rosner – National Representative, Montreal
J. Savard – Bargaining Representative, Montreal
D. Boileau – Local President, Montreal
G. Verdi – Grievor
Y. Surducan – Grievor
AWARD OF THE ARBITRATOR
For the reasons related in CROA 3105, the grievance is allowed in part, with the same remedy to apply.
April 14, 2000 (signed) MICHEL G. PICHER
ARBITRATOR