SHP - 20
IN THE MATTER OF AN ARBITRATION
BETWEEN
CANADIAN NATIONAL RAILWAY COMPANY
(the "Company")
AND
RAILWAY EMPLOYEES’ DEPARTMENT, DIVISION NO. 4
(the "Union")
re: GRIEVANCE OF A. GAGNON
SOLE ARBITRATOR:
J. F. W. Weatherill
APPEARING FOR THE UNION:
J.H. Clark
M. McLenaghan and others
APPEARING FOR THE COMPANY:
W.H. Barton
W.L. Draper
P.A. Putnay
A hearing in this matter was held in Montreal on April 10, 1975.
AWARD OF THE ARBITRATOR
DISPUTE
The Organization claims the Company violated Rule 57.12 of Wage Agreement No. 16 when Electrician A. Gagnon was not called to accompany the wrecker to a derailment at Maccan, N.S., on December 12, 1971.
JOINT STATEMENT OF FACT
On December 12, 1971 a derailment occurred at Maccan, N.S. The Company immediately dispatched the regularly assigned wrecking crew, the crew leaving Moncton at 1515 hours. Later, after viewing the derailment, the Foreman determined that an Electrician should be called to perform the electrical work on the locomotive. Electrician A. Gagnon was called at 2400 hours and travelled to the derailment by road transport. Electrician Gagnon was released from the assignment at 1000 hours on December 13, 1971 upon his return to his home location. The regular wrecking crew was released from the assignment upon return to their home location at 2345 hours on December 23, 1971.
The essential facts are clearly set out in the Joint Statement. The Union’s claim is that the grievor ought to have been called with the wrecking crew which left Moncton at 1515 hours on December 12. The Union relies on Rule 57.12, which provides as follows:
In cases of wrecks where electric or diesel electric locomotives are disabled, an electrician, if required, shall accompany the wrecker. They shall work under the direction of the wreck foreman. They will be paid as per Rule 6 while working at wrecks, or in charge of wrecked engines.
This rule does not require that an electrician shall form a part of every wrecking crew, or accompany the wrecker in every case. Rather, it provides that an electrician shall accompany the wrecker "if required". More important, in my view, is the provision that electricians are to be paid "as per Rule 6", and in this connection it is important to note Rule 6.8, which provides that wrecking service "will commence at time called".
In the instant case, the electrician was not in fact required, or known to be required at the time the wrecking crew was called. There was no need for the grievor to leave with the wrecking crew, any more than there was a need for him to stay with the crew after his work was completed (at 1000 on December 13) until the crew returned to its home location (ten days later). The grievor would, in my view, be entitled to be paid from the time he was called, and it would appear that he was so paid. But there was no requirement that he be paid from the time someone else was called.
There has been no violation of Rule 57.12 in these circumstances. Accordingly, the grievance must be dismissed.
DATED at Toronto, this 26th day of April, 1975.
(sgd.) J. F. W. Weatherill
Arbitrator