CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4379
Heard in Calgary, March 11, 2015
CANADIAN NATIONAL RAILWAY COMPANY
UNIFOR COUNCIL 4000
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