CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3775
CANADIAN NATIONAL RAILWAY COMPANY
Assessment of 30 demerits and subsequent dismissal to Conductor Dale Goolcharan of Winnipeg for failure to protect his assignment between December 10th – 19th, 2008 and December 28th and 29th, 2008.
COMPANY’S STATEMENT OF ISSUE:
Mr. Goolcharan was authorized to return to work on December
10th, 2008 from a medical leave. Mr. Goolcharan failed to return to work on
December 10th. On December 20th, 2008 Mr. Goolcharan requested and was granted
vacation from December 20th to December 27th. Effective
Mr. Goolcharan was assessed 30 demerits for failure to protect his assignment between December 10th and 19th, 2008, and December 28th and 29th, 2008.
The Company disagrees with the
FOR THE COMPANY:
(SGD.) D. CROSSAN
FOR: DIRECTOR, LABOUR RELATIONS
There appeared on behalf of the Company:
Manager, Labour Relations,
VanCauwenberh – Director,
Manager, Labour Relations,
D. Crossan – Manager, Labour Relations, Prince George
And on behalf of the
Boechler – General
M. Johnson – Local Chairman,
D. Goolcharan – Grievor
AWARD OF THE ARBITRATOR
involves the assessment of thirty demerits and subsequent dismissal of
Conductor Dale Goolcharan of
It is important
to note at the outset that the grievor was witness to a crossing accident on
attended a medical appointment on
failed to complete his initial tour of duty as a “ride along” between December
10th and December 19th. It was not until some three weeks later on
The Company takes the position that the
grievor was absent from work without authority for 12 days in December 2008,
without any notice or contact with the Company, during a time he was deemed fit
to return to work. The
finds that the grievor’s failure to report to work for his “ride along” after
Although the break-up of a relationship or other family-related issues are not an automatic basis to justify a reduction in penalty, there are compelling circumstances in this case which deserve appropriate consideration. It appears that the grievor, understandably, was working through the substantial shock caused by the level crossing collision. The incident had occurred only three months before he was scheduled to return to work. I am satisfied that his motive for not returning to work is rooted in the unfortunate consequences caused by the shock of the level crossing collision some three months earlier. I am also satisfied on the evidence before me that the effects of the incident contributed to the disintegration of his long-term relationship and the departure of his partner and four year old child.
Bearing in mind all the above, I find the appropriate disposition in this case to be a penalty of ten demerits and the grievor’s disciplinary record is to be amended accordingly. The effect of the three grievances, heard concurrently during these sittings as CROA&DR 3773, 3774 and 3775, is that the grievor’s record will reflect discipline of less than sixty demerits. As a result, the grievor will be reinstated to his employment with full back pay and no loss of seniority. I will retain jurisdiction should any issues arise with respect to the implementation of this award.
(signed) JOHN M. MOREAU, Q.C.