CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3878
Heard in
concerning
CANADIAN NATIONAL RAILWAY COMPANY
and
TEAMSTERS
DISPUTE:
Assessment
of twenty (20) demerits to Conductor P. Mousir of
COMPANY’S STATEMENT OF ISSUE:
On
Through the investigative process the Company determined that the grievor’s action delayed Q11451-03 in its departure from Mirror. Mr. Mousir was assessed twenty (20) demerits for his responsibility in this matter and was subsequently dismissed for the accumulation of demerits in excess of sixty (60).
The
The Company
disagrees with the
FOR THE COMPANY:
(SGD.) P. PAYNE
FOR: DIRECTOR, HUMAN RESOURCES
There appeared on behalf of the Company:
P. Payne –
Manager, Labour Relations,
K. Morris –
Sr. Manager, Labour Relations,
D. Crossan – Manager, Labour Relations, Prince George
C. Mitchell –
Trainmaster,
C. Tytgat –
Trainmaster,
There appeared on behalf of the
M. A. Church –
Counsel,
B. Boechler –
General Chairman,
R. A. Hackl –
Vice-General Chairman,
G. Mensaghi – Local
Chairman,
H. Richardson – Former Local
Chairman,
P. Mousir –
Grievor
AWARD OF THE ARBITRATOR
It is admitted
that the grievor was responsible, in part, for the delay in the departure of
train Q11451-03 from Mirror on
The sole issue
in the case at hand is the appropriate measure of discipline. The grievor is
sixty-years of age and has some twenty-three years of service with the Company.
While his disciplinary record is not enviable, in mitigation it does not appear
disputed that he has suffered a degree of personal stress, occasioned by his
witnessing the fatality of a fellow worker at
The grievance
is therefore allowed, in part. The Arbitrator directs that the grievor be
reinstated into his employment forthwith, without loss of seniority and without
compensation for any wages and benefits lost. The time between his termination
and reinstatement shall be registered as a suspension for unsatisfactory work
performance and delay to train Q11451-03 on
ARBITRATOR