RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3926
CANADIAN NATIONAL RAILWAY COMPANY
AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF
The Company’s failure to provide Mr. Mike Zacchigna with a safe work environment free from discrimination, harassment and bullying.
UNION’S STATEMENT OF ISSUE:
2004 national rail strike which commenced
It is the
The Company denies the grievance.
(SGD.) R. FITZGERALD
NATIONAL STAFF REPRESENTATIVE
There appeared on behalf of the Company:
S. Prudames –
Labour Relations Officer,
D. Cater – Team Manager, BIT
C. Trolley –
Sr. Program Manager, Transportation Renewal,
J. Chamberland – Workers Compensation Coordinator
D. S. Fisher –
Sr. Director, Labour Relations,
And on behalf of the
R. Fitzgerald –
National Staff Representative,
J. Almdal –
M. Zacchigna – Grievor
AWARD OF THE ARBITRATOR
The record discloses that the grievor, who was initially hired as a strike replacement, has suffered extensive harassment in the workplace, generally in the form of written graffiti in a bathroom aimed at him, but also, on occasion, as a result of jostling and verbal comments.
The Arbitrator is satisfied that the Company has in fact done all that it can in relation to the grievor’s complaints. Significantly, Mr. Zacchigna has declined to name individuals whom he alleges have harassed him. On one occasion, when an individual was in fact identified, the Company took the necessary steps to deal with that person, and it appears that the grievor is no longer harassed by him.
The Arbitrator can appreciate the difficulty of the grievor’s situation. As an employee who was hired essentially as a strike replacement, he must appreciate that his past actions would not be such as to endear him to fellow employees who were striking at the time he was hired. While as a matter of law he is plainly entitled to be free of harassment, the issue in the instant case is whether the Company has violated the collective agreement or any related employment legislation by failing to provide him adequate protection. I cannot find that it has. As noted above, it would appear that the Company has acted on every piece of information available to it to assist the grievor. I do not see how it can be asked to do more.
The grievance must therefore be dismissed.
September 20, 2010 (signed) MICHEL G. PICHER