CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION

CASE NO. 4379

Heard in Calgary, March 11, 2015

Concerning

CANADIAN NATIONAL RAILWAY COMPANY

And

UNIFOR COUNCIL 4000

DISPUTE:

            Discharge assessed to Mr. Weston for violation of CN’s Policy to Prevent Workplace Alcohol and Drug Problems as a result of his refusal to participate in post-accident/incident drug and alcohol testing on April 4, 2014.

JOINT STATEMENT OF ISSUE:

            The Union alleges that Mr. Weston showed no signs of impairment and was not directly involved in the accident to require him to participate in the post-accident/incident testing.

            The Company disagrees with the Union’s allegations.

FOR THE UNION:                                               FOR THE COMPANY:

(SGD.) B. Kennedy (SGD.) R. Campbell

President                                                               Labour Relations

There appeared on behalf of the Company:

R. Campbell                        – Manager Labour Relations, Winnipeg

R. Bateman                         – Director Labour Relations, Toronto

R. Emond                            – Manager LRC, Edmonton

D. King                                 – Mechanical Supervisor, Edmonton

There appeared on behalf of the Union:

R. Fitzgerald                        – National Representative, Toronto

R. Shore                              – Regional Representative Council 4000, Vancouver

J. Dowell                              – President Local 4001, Edmonton

P. Weston                            – Grievor, Edmonton

AWARD OF THE ARBITRATOR

            The facts, merits and disposition of this grievance were dealt with in CROA&DR 4378. The analysis and determination in that case are adopted as part of this Award.

April 1, 2015                                                                                                             

                                                                                                               MARILYN SILVERMAN

                                                                                                                       ARBITRATOR