CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 3299

Heard in Calgary, Tuesday, 12 November 2002

concerning

CANADIAN PACIFIC RAILWAY

and

CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS
(UNITED TRANSPORTATION UNION)

DISPUTE:

The assessment of 25 demerits to Mr. E. Labrie and his subsequent discharge for accumulation of demerits.

JOINT STATEMENT OF ISSUE:

On July 2, 2001, Mr. Labrie provided the Company with a formal statement with respect to a sideswipe in the Calgary Intermodal Terminal yard.

On July 24, 2001 Mr. Labrie was issued 25 demerits for his alleged responsibility in the sideswipe. As a result of that assessment, Mr. Labrie was dismissed for accumulation of demerits under the Brown system of discipline.

The Union's position is that sufficient mitigation exists to warrant removal of the discipline. The Union requests that the discipline imposed be removed and that Mr. Labrie be reinstated without loss of seniority and benefits, and with payment of lost wages. In the alternative, and in any event, the penalty of dismissal should be mitigated.

The Company declined the grievance.

FOR THE COUNCIL:
(SGD.) L. O. SCHILLACI
GENERAL CHAIRPERSON		 FOR THE COMPANY:
(SGD.) C. M. GRAHAM
FOR: GENERAL MANAGER, OPERATIONS

There appeared on behalf of the Company:

J. Copping
C. Carroll
T. Schumacher
C. Thorne

- Manager, Labour Relations, Calgary
- Director, Labour Relations, Calgary
- Manager, Operations, Calgary
- Intermodal Operations Coordinator, Calgary

And on behalf of the Council:

M. A. Church
L. O. Schillaci
D. H. Finnson
E. Labrie

- Counsel, Toronto
- General Chairperson, Calgary
- Vice-General Chairperson, Calgary
- Grievor

 

At the request of the parties, the Arbitrator adjourned the hearing sine die.