CANADIAN RAILWAY OFFICE OF ARBITRATION
CASE NO. 3307
Heard in Calgary, Thursday, 14 November 2002 concerning
CANADIAN NATIONAL RAILWAY COMPANY
and
BROTHERHOOD OF LOCOMOTIVE ENGINEERS
DISPUTE:
Appeal the discipline assessed to the personal record of Locomotive Engineer B. Zalkowsky of Edmonton, AB, for “Unsatisfactory work record during the period July 24, 2001 to September 9, 2001.”
JOINT STATEMENT OF ISSUE:
On April 9, 2002, Locomotive Engineer Zalkowsky appeared at a Company investigation in connection with alleged work record irregularities between July 24, 2001 and September 9,
- Subsequent to the investigation, the grievor was assessed nineteen (19) demerits to his personal record. The Brotherhood contends that the Company has not determined the grievor’s responsibility with respect to the instant matter, that would in turn attract the discipline imposed, as required under the terms and conditions of article 86, paragraph 86.1 of collective agreement 1.2 The Brotherhood has requested that the discipline assessed be expunged; however, the Company disagrees with the Brotherhood’s position.
FOR THE BROTHERHOOD: FOR THE COMPANY:
(SGD.) D. E. BRUMMUND (SGD.) S. BLACKMORE
(FOR) GENERAL CHAIRMAN FOR: VICE-PRESIDENT, LABOUR RELATIONS There appeared on behalf of the Company: S. Blackmore – Manager, Human Resources, Edmonton D. VanCauwenburgh – Manager, Human Resources, Winnipeg J. Berriault – Transportation Supervisor, Vancouver B. Kalin – Superintendent, Edmonton K. Guiney – Manager, Human Resources, Transcona
CROA 3307
- 2 – And on behalf of the Brotherhood: B. McHolm – Counsel, Saskatoon D. E. Brummund – Sr. Vice-General Chairman, Edmonton B. Zalkowsky – Grievor
AWARD OF THE ARBITRATOR
In the Arbitrator’s view the assessment of nineteen demerits in the case at hand
is excessive. I am satisfied that certain of the events which the Company viewed as
deserving of discipline in fact involved occasions when the grievor, by reason of
personal stress, properly judged himself unfit to work. I come to that conclusion in light
of the fact that shortly after these events Mr. Zalkowsky was required to go on an
extended leave of absence for stress, under the care of his physician from September
of 2001 to March of 2002. It remains, however, that there was one occasion where the
grievor, in the Arbitrator’s view, did improperly refuse a call to work when there was a
change in the time of the train for which he expected to be called, based on line-up
information. In the circumstances, having regard to the grievor’s prior record, I am
satisfied that the assessment of ten demerits would have been appropriate for the
infraction in question. The Arbitrator therefore directs that the grievor’s record be
amended accordingly.
November 19, 2002 (signed) MICHEL G. PICHER ARBITRATOR