CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3783
CANADIAN NATIONAL RAILWAY COMPANY
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL
WORKERS UNION OF
Concerning the assessment of 15 demerits to the record of
Heavy Equipment Operator K. Bonnett, for “failure to wear CSA safety glasses
during your shift on
JOINT STATEMENT OF ISSUE:
On August 20th, 2008 the griever was called off his machine by Supervisors Dickson and Villella. When the griever approached the supervisors’ vehicle the supervisors noted that he was not wearing his safety glasses. He was called for an investigative statement on September 9th, 2008 and assessed with 15 demerits. He was subsequently dismissed for accumulation of demerits.
On the date in question the griever was required to change
machines and had left his safety glasses in his previous equipment. It is the
The Company denies the grievance and the
(SGD.) D. OLSHEWSKI (SGD.) B. LAIDLAW
NATIONAL REPRESENTATIVE MANAGER, LABOUR RELATIONS
There appeared on behalf of the Company:
B. Laidlaw – Manager, Labour Relations,
R. Hargreaves – Supervisor, Vancouver
And on behalf of the
B. Kennedy – Staff Represantative,
R. Shore – Represantative, Vancouver
K. Bonnett – Grievor
AWARD OF THE ARBITRATOR
readily admitted at his investigation that he simply forgot to wear his safety
glasses when he was asked to change machines during the course of his shift.
This was more of an act of forgetfulness on his part rather than a
However, given that the grievor’s record now stands at seventy demerits as a result of the decision in CROA&DR 3782, any reduction in the severity of the discipline imposed is moot and the grievance is dismissed.
(signed) JOHN M. MOREAU, Q.C.