IN THE MATTER OF AN ARBITRATION
Canadian National Railway Company
Canadian Council of Railway Shopcraft Employees and Allied Workers
IN THE MATTER OF THE GRIEVANCE OF J. GOMES
SOLE ARBITRATOR: J. F. W. Weatherill
There appeared on behalf of the Company:
J. A. Cameron
J. R. Hnatiuk
And on behalf of the Union:
J. W. Asprey
R. E. Peer
A hearing in this matter was held at Montreal on April 27, 1982.
The Dispute and Joint Statement of Issue in this matter are as follows:
Dismissal of Carman J. Gomes of Hamilton, Ontario.
JOINT STATEMENT OF ISSUE:
On May 28, 1981, Carman J. Gomes was discharged for misappropriation of Company funds by submitting a false claim for travel expenses at Hamilton, Ontario on March 30, 1981.
The Union appealed the discipline on the grounds the Company did not substantiate their decision that Carman Gomes misappropriated the Company funds and the Company violated Rules 28.2 and 28.3 of Agreement 12.1.
The Company declined the appeal.
While the acts giving rise to the imposition of discipline on the grievor in this case are similar to those involved in the case of Mr. Gaffney, heard on the same day as this case, the facts are not identical, and in that respect the two cases are distinct. The issues relating to the application of article 28.2 and 28.3 of the collective agreement are, however, the same and the facts relating to those issues are the same in each case. In particular, the grievor was advised of the decision to discipline him more than twenty-eight calendar days following the conclusion of the investigation. This was beyond the period set out in article 28.3, and for the reasons given in the Gaffney case, it is my conclusion that the discipline then imposed was a nullity.
Accordingly, the discharge of the grievor must be set aside, and it is my award that he be reinstated in employment without loss of seniority or other benefits, and with compensation for loss of regular earnings.
DATED AT TORONTO, this 18th day of May, 1982.
(signed) J. F. W. Weatherill