CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4082
BOMBARDIER TRANSPORTATION CANADA INC.
1 day suspension assessed A. Ottley.
JOINT STATEMENT OF ISSUE:
It is the
disagrees and denies the
(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 facts in
relation to this grievance are related in CROA&DR
4081. The grievor, Electrical Technician Anthony Ottley, was performing
electrical work in the cab of a locomotive on
The record before the Arbitrator confirms that the Company failed to notify Mr. Ottley of the investigation of another employee, Mr. Amal Athauda and did not provide him with a copy of Mr. Athauda’s statement. Nor, it appears, did the Company provide Mr. Ottley with a copy of the statement made by Mr. Steenkist.
For the reasons related in CROA&DR 4081, those errors on the part of the Company go to the heart of its obligation to provide a fair and impartial investigation, and expressly violated the provisions of article 9.1 (e) and 9.1 (i) of the collective agreement. For these reasons the Arbitrator is compelled to declare the discipline assessed against as void ab initio.
The grievance is therefore allowed. The Arbitrator directs the Company to expunge from the grievor’s record any reference to the one day suspension which was assessed against him and to compensate him for his lost wages and benefits accordingly.
(signed) MICHEL G. PICHER