SHP 100 

IN THE MATTER OF AN ARBITRATION

BETWEEN: CANADIAN PACIFIC LIMITED

AND CANADIAN COUNCIL OF RAILWAY SHOPCRAFT

EMPLOYEES AND ALLIED WORKERS

AND IN THE MATTER OF THE GRIEVANCE OF W.J. BOAN AND L.L. GIBSON

 

SOLE ARBITRATOR: J. F.W. Weatherill

 

A hearing in this matter was held at Montreal on May 14, 1981.

 

E.W. Tandy for the union

P. Reynolds and M.M. Yorston for the company

 

 

AWARD

 

The Joint Statement of Fact and Joint Statement of Issue in

this matter are as follows:

 

STATEMENT OF FACT

Carman Trainees W. Boan and L. L. Gibson, Regina, were

dismissed from service of C.P. Rail for alleged

intoxication while on duty, Regina, November 23, 1980.

 

STATEMENT OF ISSUE

It is the position of the Union that in dismissing Carman

Trainees Boan and Gibson the Company treated them

unjustly.

 

It is the Company's position that in the circumstances

the dismissal Messrs. Boan and Gibson was warranted.

 

The material before me establishes beyond any serious question

that the grievors were in fact intoxicated while on duty. Although

Mr. Gibson, in his statement, would appear to deny any sort of

misconduct at all, it is clear from Mr. Boan's statement that he

had been drinking, and the evidence as to the wild and erratic

manner in which the two grievors (Mr. Boan was at the wheel; Mr.

Gibson having lost his licence some time ago as a result of an

impaired driving charge), establishes that if Mr. Gibson was not

himself intoxicated (although the police held him for some eleven

hours for being intoxicated in a public place, contrary to the

Saskatchewan Liquor Act), he was aware of the intoxicated condition

of Mr. Boan. No charge was laid against Mr. Gibson, however, and

he was eventually released. The police report as to the symptoms

of intoxication on the part of both men was shown to the union, and

I think that the procedural requirements of the collective

agreement were met, although the company officer was in error, I

think, in saying that a written request for such evidence was

necessary.

The grievors, along with other employees, would appear to have

participated in a "Grey Cup party" held at the terminal, apparently

with the cooperation of the Mechanical Supervisor, who subsequently

resigned. Certain employees who, it would seem, participated a

little too freely in the party were suspended for short periods of

time. Some of those present were off duty at the time, others were

on duty.

The grievors arrived at work well before the starting time of

their shift and there is some evidence, although they deny it, of

their drinking before the start of the shift. Mr. Boan, it is

clear, had done considerable drinking at home before coming to

work.

Mr. Gibson went on duty at 1500 and Mr. Boan at 1600. Shortly

after 1600, the grievors were observed driving a company truck in

a wild and clearly dangerous manner. They drove at high speed and

in one instance went part-way through a red light. Shortly

afterward, they were apprehended.

I do not think the two cases can be distinguished, since while

the evidence as to Mr. Gibson's condition is somewhat less clear,

there is no doubt that he participated fully with Mr. Boan, not

simply in a party at which a little drinking was done, but, most

seriously, in a wild and drunken joyride down the streets of the

city in a company truck.

The seriousness of such conduct cannot be exagerated. The

grievors do not appear to have shown any contrition although Mr.

Boan appears to have pleaded guilty to a charge of impaired

driving, on which he was convicted and fined.

In the Consolidated Truck Lines case, 3 L.A.C. 964, it was

said that:

 

"Certainly condoning drinking by drivers going out on

highways in charge of 5-ton equipment, hauling loaded

30-foot trailers, would be courting disastrous

consequences. If management permitted sympathy for any

individual to sway them into lowering the most rigid

requirements in that regard, they would he clearly

failing in their duty and embarking upon a potentially

dangerous course. The public safety must rise above the

consequence of punishment to any individual employee."

 

Also in the C.R.O.A. case No. 426, the following statement was

made, in the case of an employee who drove a highway vehicle while

under the influence of alcohol:

 

"In a number of cases it has been held that violation of

Rule "G" by railway employees who are subject to the

uniform code of operating rules, constitutes just cause

for discharge. In those cases, the employees concerned

were involved with the operation of trains, but there can

be no doubt that the same consideration must apply with

respect to persons operating motor vehicles. An offence

of that nature is so directly contrary to the

requirements of the job, and creates such a real risk of

serious harm, that it must, I think, be concluded that it

constitutes just cause for discharge."

 

In the instant case, the grievors do not have any very great

seniority, and while there is no evidence of any disciplinary

record, there appear to be no special circumstances which would

exempt them from the application of the appropriate penalties, as

described in the cases mentioned.

For the foregoing reasons, the grievances are dismissed.

 

DATED AT TORONTO, this 29th day of May, 1981.

 

J.F.W. Weatherill