CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 1207

Heard at Montreal, Tuesday, March 6, 1984 Concerning

CN MARINE INC.

and

CANADIAN BROTHERHOOD OF RAILWAY,

TRANSPORT AND GENERAL WORKERS

DISPUTE:

That the Company should have assigned Mr. P. H. Richards to perform certain work, which required overtime, and involved driving a truck to and from Halifax, N.S., on 1 August 1983.

JOINT STATEMENT OF ISSUE:

The Brotherhood contends that Mr. Richards, rather than D. A. Matheson, should have been assigned the work in question, on the basis of seniority. The Company declined the grievance, indicating that there were factors other than seniority which need be considered when assigning work.

FOR THE BROTHERHOOD FOR THE COMPANY:

(SGD.) W. C. VANCE (SGD.) G. J. JAMES

REGIONAL VICE-PRESIDENT DIRECTOR INDUSTRIAL RELATIONS There appeared on behalf of the Company: N. B. Price – Manager Labour Relations, Moncton Capt. D. G. Graham – Marine Superintendent, Borden D. Randall – Superintendent Marine. Engineering, Borden, PEI And on behalf of the Brotherhood: G. Murray – Representative, Moncton W. C. Vance – Regional Vice-President, Moncton G. Sexton – Local Chairman, Borden

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AWARD OF THE ARBITRATOR

I am satisfied that there is neither a provision under the collective agreement nor a past practice that would warrant the distribution of overtime on the basis of seniority. Accordingly, the Company was entitled in the exercise of its discretion to assign the overtime work in question to Mr. Matheson despite his less senior service with the Company when compared to the grievor's. The grievance is denied. (signed) DAVID H. KATES ARBITRATOR