CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3882
CANADIAN PACIFIC RAILWAY COMPANY
Appeal of discharge of Conductor Rhonda Millar.
JOINT STATEMENT OF ISSUE:
It is the
disagrees and denies the
(SGD.) D. OLSON (SGD.) D. McFARLANE
GENERAL CHAIRMAN ASSISTANT VICE-PRESIDENT – OPERATIONS
There appeared on behalf of the Company:
B. Deacon – Labour Relations Officer,
J. Bairaktaris – Director, Labour Relations,
A. A. Garcia – Manager, Labour Relations,
D. Corrigan – Labour Relations Officer,
D. Purdon – Manager, Operations,
And on behalf of the
M. A. Church – Counsel,
D. Olson –
G. Hiscock – Local Chairman,
B. Wiszniak – Local Chairman,
D. Able – General Chairman (LE),
G. Edwards – Sr. Vice-General Chairman (LE), Revelstoke
R. Purtill – Local Chairman (LE),
R. Millar – Grievor
AWARD OF THE ARBITRATOR
Based on the
facts, the Arbitrator is compelled to conclude that the grievor was involved in
rules violations in the course of the operation of train 498-07, southbound on
the Weyburn Subdivision on
There can be no doubt but that the grievor was deserving of discipline for the rules infractions cited in the joint statement of issue. The sole issue is the appropriate measure of discipline in the circumstances.
In the Arbitrator’s view there are mitigating factors to be considered. Perhaps most significant among them is what I view at the relative responsibility of Locomotive Engineer Cranston for the rear end collision which unfortunately resulted at Centennial on that day. Locomotive Engineer Cranston, for reasons which only he may understand, handled his train in such a way as to bring it to a stop at the south siding switch, a point beyond stationary train 292-05. He did so notwithstanding repeated information, some of which was conveyed by the grievor, that the train in question was in fact standing still and that he was to close-up behind a stationary train. Indeed, the record would suggest that it was only the grievor’s alerting the locomotive engineer to the reality of the situation when she looked up from her paperwork that he finally realized that the train they were approaching was in fact stopped.
While these observations do not excuse the grievor from the rules violations which she did commit, a close examination of the objective circumstances confirms that but for the gross and inexplicable error in judgement committed by Locomotive Engineer Cranston in the handling and braking of his train, the unfortunate incident at Centennial would have been avoided.
For the foregoing reasons the grievance is allowed, in part. The Arbitrator directs that the grievor be reinstated into her employment forthwith without loss of seniority and without compensation for any wages or benefits lost.