CANADIAN RAILWAY OFFICE OF ARBITRATION CASE NO. 3295 Heard in Montreal, Friday, 11 October 2002 concerning CANADIAN PACIFIC RAILWAY COMPANY and CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS EX PARTE | ||
DISPUTE: The issue in dispute involves Mr. D.A. Butterworth of Toronto, Ontario who was dismissed from company service on October 26, 2001. The dispute deals specifically with the discipline assessed his work record (30 demerits) for an incident which occurred on October 13, 2001. COUNCIL'S STATEMENT OF ISSUE: On October 26, 2002, Mr. Butterworth received discipline form 104 which stated:
The Union asserts Conductor D.A. Butterworth did not refuse to follow the instructions of company agents or managers during his tour of duty on October 13, 2001. The Union requests all discipline assessed in the instances be expunged for Mr. Butterworth's record. Furthermore, Mr. Butterworth be reinstated into service with full seniority rights and compensation for all lost wages and benefits. The company declined the Union's request. | ||
FOR THE UNION: (SGD.) D. A. WARREN GENERAL CHAIRPERSON | ||
There appeared on behalf of the Company [among others]: | ||
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- Labour Relations Officer, Calgary | |
And on behalf of the Union [among others]: | ||
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- Counsel, Toronto | |
AWARD OF THE ARBITRATOR At the request of the parties the Arbitrator adjourned the hearing and the matter was ultimately resolved between the parties. |