RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3888
Heard in Montreal, Wednesday, 14 April 2010
CANADIAN NATIONAL RAILWAY COMPANY
TEAMSTERS CANADA RAIL CONFERENCE
Assessment of 30 demerits to Conductor A Gould, for his “delay to M37121-18 while working as a Conductor on September 19th, 2008.”
JOINT STATEMENT OF ISSUE:
On 22 September 2008, Conductor Gould was required to attend a Company investigation in connection with the “Circumstances surrounding your alleged delay to train M37121-18 while working as a conductor on September 19th, 2008.” Conductor Gould, subsequent to the investigation, was assessed 30 demerits.
It is the Union’s position that the discipline assessed, in consideration of all the factors relating to this matter is unfounded and unwarranted and should be removed in its entirety. It is the Union’s position that the Company has violated: (1) The Workplace Environment provision as contained in the collective agreement; (2) article 84 (Grievance Process) of the collective agreement; (3) article 85 (Interpretation and Application) of the collective agreement; (4) the Grievance Tracking System (GTS).
It is the Union’s position that; the grievor be exonerated of any wrongdoing with all discipline removed. Given the violations of the collective agreement that a remedy is applicable in the circumstances consistent with Addendum 123 of the collective agreement. That the Company and the Union agree to meet within 60 of the date of the Union’s Step 3 Grievance and attempt to reach agreement on the appropriate remedy to apply. Failure as to the appropriate remedy (to be determined by either party upon written notice to the other) to be submitted to the arbitrator for resolution within 30 days of such failure.
The Company disagrees and deems that the discipline assessed was both warranted and appropriate in this instance.
FOR THE UNION: FOR THE COMPANY:
(SGD.) J. M. ROBBINS (SGD.) F. O’NEILL
GENERAL CHAIRMAN MANAGER, LABOUR RELATIONS
There appeared on behalf of the Company:
F. O’Neill – Manager, Labour Relations, Toronto
D. Gagné – Sr. Manager, Labour Relations, Montreal
A. Daigle – Manager, Labour Relations, Montreal
And on behalf of the Union:
J. M. Robbiins – General Chairman, Sarnia
C. Little – Local Chairwoman, Belleville
A. Gould – Grievor
AWARD OF THE ARBITRATOR
Decision and reasons to be found in CROA&DR 3887.
April 19, 2010 (signed) MICHEL G. PICHER