CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4386
Heard in Calgary, March 12, 2015
CANADIAN NATIONAL RAILWAY COMPANY
UNIFOR, NATIONAL COUCIL 4000
The assessment of thirty demerits to Mr. G. Buchan for conduct unbecoming toward the Manager of Operations, Michelle Rusnak, and discharge for accumulation of demerits greater than sixty.
JOINT STATEMENT OF ISSUE:
In support, the Union alleged Ms. Rusnak mishandled the presentation of a Notice to Appear to the detriment of Mr. Buchan. Ms. Rusnak provided him with this notice in the parking lot at the start of his shift, informing him at the same time that he was held out of service. This information was disturbing to him and caused him to become upset. The Union contends that the assessment of discipline in regard to this matter was excessive.
The Company disagrees with all the Union’s allegations. Mr. Buchan engaged in conduct unbecoming when he attempted to grab a letter from Ms. Rusnak’s hands while directing threatening and profane language at her. This was a continuation of his flagrant pattern of insolent and insubordinate behavior demonstrating his absolute contempt for management’s authority.
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
M Rusnak – Manager, Crew Management Operations and Audit
There appeared on behalf of the Union:
B. Kennedy – President, Edmonton
B. Fitzgerald – National Representative, Toronto
G. Buchan – Grievor, Edmonton
AWARD OF THE ARBITRATOR
The facts, merits and disposition of this grievance were dealt with in CROA&DR 4385. The analysis and determination in that case are adopted as part of this Award.
April 8, 2015