CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 2724

Heard in Montreal, Thursday, 11 April 1996 concerning

CANADIAN NATIONAL RAILWAY COMPANY

and

CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS

(UNITED TRANSPORTATION UNION)

DISPUTE:

Appeal the discharge of Traffic Coordinator J.C. Ayotte of Montreal, Quebec effective 18 September 1995. JOINT STATEMENT OF ISSUE: Following an investigation J.C. Ayotte was discharged from the services of the Company effective September 18, 1995 for sexual harassment of a female employee of Canadian National Railway on the 24th of August 1995 while employed as a Traffic Coordinator at Pointe-St-Charles. The Union requests the reinstatement of Mr. Ayotte without loss of seniority and with compensation for all lost time on the grounds that: (a) the alleged impropriety was not handled in accordance with the Company’s Sexual Harassment Policy; (b) the grievor was not provided a fair and impartial investigation and the discipline assessed was unwarranted and, in any event, excessive. The Company declined the Union’s appeal. FOR THE COUNCIL: FOR THE COMPANY: (SGD.) W. G. SCARROW (SGD.) A. E. HEFT GENERAL CHAIRMAN FOR: VICE-PRESIDENT, CN EAST There appeared on behalf of the Company: J. Curtis McDonnell – Counsel, Toronto J. Vaasjo – Labour Relations Officer, Toronto R. Bateman – Assistant Manger, Labour Relations, Toronto D. Laurendeau – Assistant Manger, Labour Relations, Montreal And on behalf of the Council: K. Cahill – Counsel, Monteal W. G. Scarrow – General Chairman, Sarnia R. J. Long – Vice-General Chairman, Hamilton J. C. Ayotte – Grievor The hearing was adjourned at the request of the parties and ultimately resolved between the parties.