CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4017
Heard in
concerning
CANADIAN NATIONAL RAILWAY COMPANY
and
TEAMSTERS
EX PARTE
DISPUTE:
The discharge of Conductor Steven Pass of Vancouver, B.C. for being involved in a car accident while operating a CN vehicle.
UNION’S STATEMENT OF ISSUE:
On
The Union
submits that the discipline assessed was excessive and inappropriate and, in
any event, discharge was not warranted in the circumstances, especially given
the fact that
The Company
responded to the Union advising that it would not accept the Union’s “letter”
as a grievance due to time limits and refused to address the merits of the
The
FOR THE
(SGD.) R. A. HACKL
FOR: GENERAL CHAIRMAN
There appeared on behalf of the Company:
D. Crossan – Manager, Labour Relations, Prince George
D. VanCauwenbergh –
Director, Labour Relations,
K. Morris –
Sr. Manager, Labour Relations,
N. Hart – Assistant Superintendent, BC South
P. Payne –
Manager, Labour Relations,
There appeared on behalf of the
M. A. Church –
Counsel,
B. R. Boechler –
General Chairman,
R. A. Hackl –
Vice-General Chairman,
J. Robbins –
General Chairman, CN Lines Central,
D. Pass – Grievor
AWARD OF THE ARBITRATOR
There is no
dispute as to the facts giving rise to this grievance. On
Mr. Pass had
just over two years of service at the time of this unfortunate incident. Also
unfortunately, he was the subject of previous discipline, having sustained a
discharge, reduced to a fifteen day suspension, for a side-collision as a
result of his violation on CROR 115 while working a yard assignment on
The incident
here under examination is extremely serious. I am satisfied that it does, as
the Company submits, call into question the grievor’s judgement and his ability
to be trusted to work safely. In a relatively short period of employment he has
been involved in two serious incidents, the most recent being his second
collision which involved personal injuries as well as extensive property
damage. With regret, the Arbitrator is compelled to conclude that there are
simply no mitigating factors which operate in favour of
For the foregoing reasons the grievance must be dismissed.
ARBITRATOR