CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4079
BOMBARDIER TRANSPORTATION CANADA INC.
16 day suspension assessed Locomotive Engineer R. Ritchie.
JOINT STATEMENT OF ISSUE:
an investigation and statement held on
(SGD.) G. MACPHERSON (SGD.) A. BROWN
GENERAL CHAIRMAN MANAGER, LABOUR RELATIONS
There appeared on behalf of the Company:
M. Horvat –
A. Brown –
Manager, Human Resources,
D. Mitchell –
General Manager Operations,
There appeared on behalf of the
M. Church –
G. MacPherson –
AWARD OF THE ARBITRATOR
The only issue
in this grievance is the appropriate measure of discipline. The facts are not
contested. The record discloses that the grievor was the QCTO, along with his
mate CRO M. Konishi, operating GO assignment 868 on the Uxbridge Subdivision on
The Arbitrator is satisfied that the Company is correct in its judgement that the grievor violated the requirements of CROR 85 (c) and (d) which provide as follows:
(c) When a track release report is transmitted to the RTC the RTC must, as it is transmitted, verify the movement identification and record the location and time into the computer assisted system. If correct the employee controlling the engine of a movement must confirm correctness of the report to the RTC.
(d) If an errant report results in the movement not having authority to occupy the main track, the movement must be stopped and an emergency radio broadcast initiated on the standby channel and then to the RTC and protection as required by Rule 35 initiated.
investigation the grievor was assessed a sixteen day suspension. That in fact
was the time he was held out of service pending the investigation and the
Company’s decision. The
is compelled to agree. While it is true that the grievor did violate the rule
as alleged, it is important to view the facts in their actual context. As
stressed by counsel for the
The Arbitrator appreciates the importance of clear communication, particularly in the operation of a commuter train over dark territory, as occurred in the instant case. That said, however, the facts do not, in my view, sustain a suspension of the gravity assessed by the Company. In my view a five day suspension would have been sufficiently onerous to bring home to the grievor the importance of exercising great care in listening to and confirming messages received from a Rail Traffic Controller.
For these reasons the grievance is allowed, in part. The Arbitrator directs that the suspension recorded against Mr. Ritchie be reduced to five days, with the grievor to be compensated for all wages and benefits accordingly.
(signed) MICHEL G. PICHER