CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3798
Heard in
Concerning
CANADIAN PACIFIC RAILWAY COMPANY
and
UNITED STEEL WORKERS (LOCAL 1976)
DISPUTE:
Appeal of the assessment of 30 demerit marks to Intermodal Operations Representative Latisha Myers.
JOINT STATEMENT OF ISSUE:
On January
7, Intermodal Operations Representative Latisha Myers attended an investigation
in connection with the information she provided to the Company during investigations
that took place on June 13 and
It is the
Union’s position that the assessment of discipline was unjust as there was no
evidence that Ms. Myers’ ever missed work at Canadian Pacific to work at Air
The
The Company
disagrees and denies the
FOR THE
(SGD.) R. PAGÉ (SGD.) J. DORAIS
STAFF REPRESENTATIVE MANAGER, LABOUR RELATIONS
There appeared on behalf of
the Company:
V. Anderson –
Assistant Labour Relations Officer,
D. J. Corrigan –
Labour Relations Officer,
J. Dorais –
Manager, Labour Relations,
M. Clayton – Manager, Appointments & Dispatch,
M. Thompson –
Labour Relations Officer,
And on behalf of the
S. Hadden –
Chairman of the Board of Trustees,
M. Raîche –
Projects and Group Insurance Executive,
L. Myers – Grievor
AWARD OF THE ARBITRATOR
The record
before the Arbitrator confirms that the Company had reasonable concerns for
what appears to have been a long-standing and chronic problem of absenteeism
and tardiness on the part of the grievor, Ms. Latisha Myers, who was employed
on a part-time basis as an Intermodal operations representative at the
The record
discloses that at the time she was hired by the Company did indicate that she
was employed at Air
The Company obviously did not agree and assessed thirty demerits against Ms. Meyers, an amount which, coupled with the forty-nine demerits then on her record placed her in a dismissible position. It also assessed twenty demerits against her for her continued absenteeism, a matter that is the subject of another award (CROA&DR 3799).
Having reviewed
the facts the Arbitrator can readily understand the Company’s concern. I cannot
agree with the suggestion of the
The Arbitrator
has greater difficulty, however, with the Company’s characterization of the
grievor’s answer to the question as an outright lie in an attempt to mislead
the Company. On the date of the investigation the grievor was in fact on leave
from her employment, and was facing the possibility of an imminent layoff.
While the brevity of her one-word answer may not have been sufficiently
responsive, by the same token the Company made no specific follow-up and did
not mention her employment with Air Canada, in particular. However the grievor
may have conceived of her part time endeavours at Air
With respect to
the issue of discipline, however, I am satisfied that the Company was justified
in viewing the grievor’s answer as unresponsive to the point of meriting a
disciplinary response. The assessment of thirty demerits, resulting in the
grievor’s discharge is, however, excessive in my view, given all of the
circumstances, some of which are explored in CROA&DR 3799, heard in tandem with this grievance. For reasons
further elaborated within that award, the Arbitrator determines that the thirty
demerits in the instance case should be removed from the grievor’s record, with
a substitution of a suspension extending from the date of her termination to
the date of her reinstatement by the order of this Office, such suspension to
be attributable in equal part to her failure to respond fully and clearly to
the question put to her during the investigation of
14 September 2009
(SIGNED) MICHEL G.
PICHER
ARBITRATOR