CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
SUPPLEMENTARY AWARD TO
CASE NO. 4033
Heard in
Concerning
CANADIAN PACIFIC RAILWAY COMPANY
And
TEAMSTERS
MAINTENANCE OF WAY EMPLOYEES DIVISION
There appeared on behalf of the Company:
R. Hampel
Counsel,
M. Goldsmith
Manager, Labour Relations,
Dr. G. Lambres
Corporate Physician,
Dr. J. Cutbill
Chief Medical Officer,
Dr. Adams
Physician,
There appeared on behalf of the
Wm. Brehl
President,
D. W. Brown
Legal Counsel,
A. R. Terry
Vice-President,
SUPPLEMENTARY AWARD OF THE ARBITRATOR
In the award
herein, dated
The parties have failed to agree.
Having considered the submissions of the parties the Arbitrator therefore directs that the grievor be reinstated into his employment subject to the following conditions:
1. The grievor shall first be assessed by the Companys Chief Medical Officer or his designate for the purposes of determining his fitness to return to work. Such assessment may include an addiction assessment evaluation, should the Chief Medical Officer deem such an assessment to be appropriate.
2. Upon his return to active employment,
whether it be in a safety
sensitive or a non-safety sensitive position, the grievor shall be
subject to the provisions of paragraphs 4, 5, 6, 7, 8 and 9 of the Return To
Work agreement initially negotiated between the parties and dated
I continue to retain jurisdiction.
ARBITRATOR