CANADIAN RAILWAY OFFICE OF ARBITRATION

CASE NO. 3137

Heard in Montreal, Wednesday, July 12, 2000 concerning

VIA RAIL CANADA INC.

and

BROTHERHOOD OF LOCOMOTIVE ENGINEERS

DISPUTE:

Brent Dillon – Bennet Mechanical Comprehension Test.

JOINT STATEMENT OF ISSUE:

The Brotherhood contends that the Corporation has improperly administered and/or evaluated the Bennet Mechanical Comprehension Test taken by Mr. Dillon. The Corporation denies the Brotherhood’s contention.

FOR THE BROTHERHOOD: FOR THE CORPORATION:

(SGD.) J. L. SHIELDS (SGD.) J. LAFLEUR

FOR: GENERAL CHAIRMAN FOR: DIRECTOR, LABOUR RELATIONS There appeared on behalf of the Corporation (among others): J. Lafleur – Counsel, Montreal And on behalf of the Brotherhood (among others): J. L. Shields – Counsel, Ottawa J. Tofflemire – General Chairman, Toronto

… / CROA 3137

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AWARD OF THE ARBITRATOR

Regrettably, Mr. Dillon scored a thirty-nine on the Bennet Mechanical Comprehension Test. There are no objective factors pointed to in mitigation to explain his failure of the test. In these circumstances the Arbitrator is without any basis to change the result or order the re-testing of Mr. Dillon. His grievance must therefore be dismissed. July 14, 2000 (signed) MICHEL G. PICHER ARBITRATOR