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 G. HENNING, 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 P้pin
Labour Relations Officer, Calgary
A
hearing in this matter was held in Montreal on November 16, 1999.
AWARD
The instant grievance concerns the appeal of a written caution registered against Carman G. Henning for excessive time taken on a coffee break on November 24, 1998. Upon a careful review of the facts the Arbitrator is satisfied that the actions of the Company were justified. While there is some conflict between the grievor and his supervisors with respect to the precise time at which certain events occurred, I am satisfied that on the whole he did take in excess of fifteen minutes, and, on the balance of probabilities, closer to twenty-three minutes, for the period of his coffee break on November 24, 1998. Significantly, by his own account, the grievor had been specifically instructed with respect to the need to maintain coffee breaks at the standard of ten to fifteen minutes, during a briefing on the morning of November 23, 1998. In the circumstances I am satisfied that the assessment of the written caution was justified, and that the grievance must be dismissed.
Dated at Toronto, November 22,
1999
(signed) MICHEL G. PICHER
ARBITRATOR