CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 3137
Heard in Montreal, Wednesday, July 12, 2000
VIA RAIL CANADA INC.
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
Brent Dillon – 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. Dillon.
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
Regrettably, Mr. Dillon scored a thirty-nine on the Bennet Mechanical Comprehension Test. There are no objective factors pointed to in mitigation to explain his failure of the test. In these circumstances the Arbitrator is without any basis to change the result or order the re-testing of Mr. Dillon. His grievance must therefore be dismissed.
July 14, 2000 (signed) MICHEL G. PICHER