CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 3133
Heard in Montreal, Wednesday, July 12, 2000
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Richard W. Collins – Bennet Mechanical Comprehension Test.
JOINT STATEMENT OF ISSUE:
The Brotherhood contends that the Corporation has improperly administered and/or evaluated the Bennet Mechanical Comprehension Test taken by Mr. Collins.
The Corporation denies the Brotherhood’s contention.
FOR THE BROTHERHOOD: FOR THE CORPORATION:
(SGD.) J. L. SHIELDS (SGD.) J. LAFLEUR
FOR: GENERAL CHAIRMAN FOR: DIRECTOR, LABOUR RELATIONS
There appeared on behalf of the Corporation (among others):
J. Lafleur – Counsel, Montreal
And on behalf of the Brotherhood (among others):
J. L. Shields – Counsel, Ottawa
J. Tofflemire – General Chairman, Toronto
AWARD OF THE ARBITRATOR
Mr. Collins scored a failing grade of thirty-four in the Bennet Mechanical Comprehension Test. There are no mitigating factors raised in support of his grievance. In the circumstances the Arbitrator is compelled to conclude that the test was fairly administered to Mr. Collins, and that his failure to obtain a passing grade justified his removal from the training selection process. His grievance must therefore be dismissed.
July 14, 2000 (signed) MICHEL G. PICHER