CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4110
Heard in Edmonton, Tuesday, 12 June 2012
CANADIAN NATIONAL RAILWAY COMPANY
TEAMSTERS CANADA RAIL CONFERENCE
Administrative closure of Vancouver Locomotive Engineer P.J. Wells’ employment file on November 15, 2010.
JOINT STATEMENT OF ISSUE:
On March 15, 2010, the grievor was reinstated through CROA&DR 3876. Following his reinstatement numerous attempts were made to contact the grievor to begin the return to work process without success.
On November 15, 2010, having received no response or medical documentation from the grievor, the Company closed the grievor’ employment file.
The Union contends the Company is in violation of Article 86 of Agreement 1.2 and Section 239, Division XIII of the Canada Labour Code, for issuing discipline to an employee because of absence due to illness.
The Company disagrees with the Union’s contentions.
FOR THE COMPANY:
(SGD.) D. CROSSAN
FOR: DIRECTOR, LABOUR RELATIONS
There appeared on behalf of the Company [among others]:
D. Crossan – Labour Relations Officer, Prince George
K. Morris – Sr. Manager, Labour Relations, Edmonton
There appeared on behalf of the Union [among others]:
K. Stuebing – Counsel, Toronto
B. Willows – General Chairman, Edmonton
At the request of the parties the hearing was adjourned sine dies and no award was issued.