CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
SUPPLEMENTARY AWARD TO
CASE NO. 4030
CANADIAN PACIFIC RAILWAY COMPANY
MAINTENANCE OF WAY EMPLOYEES DIVISION
There appeared on behalf of the Company:
R. Hampel –
M. Goldsmith –
Manager, Labour Relations,
Dr. G. Lambres –
Dr. J. Cutbill –
Chief Medical Officer,
Dr. Adams –
There appeared on behalf of the
Wm. Brehl –
D. W. Brown –
A. R. Terry –
SUPPLEMENTARY AWARD OF THE ARBITRATOR
By the award
This letter is in regards discussions between the
As per these discussions, the parties agree that Mr. Lovett will not be required to meet with an Addiction Professional as a condition of him re-commencing duty. Mr. Lovett will, however, be subject to mandatory unannounced substance testing for a period of 12 months from the signing of this agreement.
This agreement is made without precedent or prejudice and will represent a full and final resolve to this matter.
If you are agreeable to the following, please provide your signature on the space below and return a signed copy to me for our records.
The Company now takes the position that the waiver of the grievor being required to be subject to an addictions assessment is contrary to the Company’s internal Occupational Health & Safety policy. On that basis it has declined to return the grievor to work.
the Company is wrong. Whatever its internal policies may be, representatives
with full authority to bind the Company agreed, in writing, on
is therefore compelled to sustain the position advanced by the
I agree that the grievor should be compensated for wages and benefits lost by reason of the delay attributable to the Company’s denial of reinstatement and it is so awarded.
I continue to retain jurisdiction.