CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4049
Heard in
Concerning
CANADIAN PACIFIC RAILWAY COMPANY
And
TEAMSTERS
MAINTENANCE OF WAY EMPLOYEES DIVISION
DISPUTE:
Dismissal of Mr. C. Gervais for an accumulation of demerits.
JOINT STATEMENT OF ISSUE:
On
The
The
The Company
denies the Union’s contentions and declines the
FOR THE
(SGD.) WM. BREHL (SGD.) M. GOLDSMITH
PRESIDENT LABOUR RELATIONS OFFICER
There appeared on behalf of the Company:
M. Chernenkoff –
Labour Relations Officer,
M. Goldsmith –
Labour Relations Officer,
J. Love –
Labour Relations Officer,
There appeared on behalf of the
Wm. Brehl –
President,
D. Brown –
Counsel,
AWARD OF THE ARBITRATOR
Having reviewed
the materials the Arbitrator is compelled to agree with the
The material before the Arbitrator confirms that in the latter part of 2009 the grievor’s family life fell apart, as his wife left him for another man who, it appears, deliberately made it difficult for him to see his own children. There is no dispute before the Arbitrator that these events caused the grievor substantial personal stress which, I am satisfied, was a factor in the uncharacteristic string of accidents which he experienced between September of 2009 and January of 2010. In my view this is a significant mitigating factor which should properly be taken into account in assessing the appropriate measure of discipline in the case at hand.
The Arbitrator can well understand the Company’s concern. It is indisputable that an employee who is suffering personal stress should be careful not to allow that circumstance to interfere with their operation of machinery in a safety sensitive environment. I do not consider the Company’s argument to the effect that Mr. Gervais should have taken steps to remove himself or to seek other assignments during this period to be unreasonable. The fact remains, however, that over a number of years the grievor established a record as a good employee who could operate safely and without incident, and that there appears to be a dramatic relationship between his personal life stresses and the uncharacteristic series of events which led to a number of accidents in the operation of his machine on some five occasions in a short period.
The grievance is therefore allowed, in part. The Arbitrator directs that the grievor be reinstated into his employment forthwith, without loss of seniority and without compensation for his wages and benefits lost. The period between the grievor’s termination and his reinstatement shall be recorded as a suspension and the 20 demerits shall be removed from his record. The Company may, at its discretion, withhold the grievor from any assignment in the operation of machinery for a period not to exceed one year from the date of his reinstatement.
ARBITRATOR