CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3879
Heard in
concerning
CANADIAN PACIFIC RAILWAY COMPANY
and
TEAMSTERS
DISPUTE:
Appeal of the issuance of 15 demerits to Locomotive Engineer Tom Hicken.
JOINT STATEMENT OF ISSUE:
On
The
As such it
is the
The
The Company disagrees with the Union's contentions and
denies the
FOR THE UNION: FOR THE
COMPANY:
(SGD.) D. ABLE (SGD.) A. A. GARCIA
GENERAL CHAIRMAN FOR: ASSISTANT VICE-PRESIDENT – OPERATIONS
There appeared on behalf of
the Company:
V. White – Assistant Labour Relations
Officer,
R. Wilson – Assistant Vice-President,
J. Bairaktaris – Director, Labour Relations,
A. A. Garcia – Manager, Labour Relations,
D. Burke – Project Specialist,
And on behalf of the
M. A. Church – Cousel,
D. Able – General Chairman,
G. Edwards – Sr. Vice-General Chairman,
Revelstoke
G. Seiller – Local Chairman,
R. Purtill – Local Chairman,
T. Hicken – Grievor
AWARD OF THE ARBITRATOR
The Arbitrator
is satisfied that the record confirms that the grievor did exaggerate the
condition of the an injury to his hand, thereby making himself improperly
unavailable for service from Sunday
The record discloses that the grievor has an extensive negative record in respect of absenteeism, this being the seventh occasion on which discipline has been assessed against him in that regard. In the circumstances I am satisfied that the assessment of fifteen demerits should not be disturbed.
The grievances is therefore dismissed.
ARBITRATOR