IN THE MATTER OF AN ARBITRATION
VIA Rail Canada Inc.
National Automobile Aerospace and Agricultural Implement Workers Union of Canada
GRIEVANCE OF MR. J. HAMBROOK
SOLE ARBITRATOR: Harvey Frumkin
There appeared on behalf of the Union:
There appeared on behalf of the Company:
A hearing in this matter was held at Montreal on January 20, 1992.
This is a grievance filed on behalf of Carman J. Hambrook which contests the assessment of 45 demerit marks against his discipline record, 15 of which relate to "account failure to protect assignment on August 1, 2, 5, 6, 7, 8 & 9, 1990" and 30 of which relate to "account inaccuracies in filling out the accident and compensation forms re: reported incidents of July 22, 1990".
Following the commencement of the hearing, the presentations of the initial submissions by each of the parties and discussions between the parties, the Board was informed that the parties had agreed to resolve the grievance amicably by reducing the assessment of 45 demerit marks against the record of the Grievor to 15 demerit marks and by stipulating as the reason for the assessment of the said 15 demerit marks "for your actions and responsibilities in matters in which you were involved between July 21 and September 2 8 , 1990.
The Board accordingly takes cognizance of the settlement reached between the parties and orders that the Grievor's record be modified to reflect such settlement.
DATED AT Montreal, January 21, 1992.
(sgd) HARVEY FRUMKIN