IN THE MATTER OF AN ARBITRATION

BETWEEN

CANADIAN PACIFIC RAILWAY COMPANY

(the "Company")

AND

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA) LOCAL 101

(the "Union")

RE: DISCIPLINE ASSESSED CARMAN J. DOCHERTY, TORONTO

Sole Arbitrator: Michel G. Picher

Appearing For The Union:

Abe Rosner – National Representative, CAW, Montreal

Ron Laughlin – Regional Vice-President, Eastern Region, Local 101

Appearing For The Company:

John Bate – Labour Relations Officer, Calgary

Dave Guerin – Labour Relations Officer, Calgary

Gilles Pépin – Labour Relations Officer, Calgary

A hearing in this matter was held in Montreal on November 16, 1999.

AWARD

The grievor was assessed ten demerits for taking an unduly long time to inspect a portion of train 505 on track F11 in the Agincourt Yard on March 6, 1998. The material before the Arbitrator confirms that the Company has adopted a policy which holds that on average one minute is a reasonable standard of time for the inspection of a single car. It submits that the inspection of thirty-eight cars by Mr. Docherty and his partner was performed in an average time of four minutes of inspection time per car. It maintains that that was excessive in the circumstances.

The Union submits that there were factors which would justify the time taken. Among them it cites the fact that some eighteen brake shoes were changed, and that the crew was held up for a period of time at the commencement of their tour of duty, that management itself was at fault in delaying the beginning of the inspection, and that they encountered difficulties such as a defective lantern bulb, a defective radio battery, problems in locating a brake bar and puddles of water in the area where they were required to work.

In the Arbitrator’s view, when regard is had to the appropriate period of time required for the changing out of brake shoes, and the standard of one minute for the normal time allocated to inspect a car, the average of four minutes recorded by the grievor and his partner was plainly excessive, even taking into account the complicating factors which they say they encountered. On the whole I am satisfied that the Company has established that there was a failure of reasonable productivity on the part of Mr. Docherty and his partner, and that the assessment of ten demerits was appropriate in the circumstances.

The grievance is therefore dismissed.

Dated at Toronto, November 22, 1999

(signed) MICHEL G. PICHER

ARBITRATOR