CANADIAN RAILWAY OFFICE OF ARBITRATION

& DISPUTE RESOLUTION

CASE NO. 3783

Heard in Edmonton, Thursday, 11 June 2009 concerning

CANADIAN NATIONAL RAILWAY COMPANY

and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL

WORKERS UNION OF CANADA (CAW-CANADA)

DISPUTE:

Concerning the assessment of 15 demerits to the record of Heavy Equipment Operator K. Bonnett, for “failure to wear CSA safety glasses during your shift on August 20, 2008.” JOINT STATEMENT OF ISSUE: On August 20th, 2008 the griever was called off his machine by Supervisors Dickson and Villella. When the griever approached the supervisors’ vehicle the supervisors noted that he was not wearing his safety glasses. He was called for an investigative statement on September 9th, 2008 and assessed with 15 demerits. He was subsequently dismissed for accumulation of demerits. On the date in question the griever was required to change machines and had left his safety glasses in his previous equipment. It is the Union’s position that the griever had another investigation pending. He was nervous at being called off the machine and inadvertently forgot to put his safety glasses on. The Union considers the discipline to be excessive in the circumstances and not worthy of dismissal. The Union also alleges that the griever’s long service, his utilization of the Company’s EFAP program to cope with stress and his forthrightness during the investigation must mitigate against the severity of the discipline imposed. The Union requests the griever be reinstated forthwith with full compensation for all lost wages and benefits. The Company denies the grievance and the Union’s allegations. FOR THE UNION: FOR THE COMPANY: (SGD.) D. OLSHEWSKI (SGD.) B. LAIDLAW NATIONAL REPRESENTATIVE MANAGER, LABOUR RELATIONS There appeared on behalf of the Company: B. Laidlaw – Manager, Labour Relations, Winnipeg R. Hargreaves – Supervisor, Vancouver

CROA&DR 3783

• 2 – And on behalf of the Union: B. Kennedy – Staff Represantative, Edmonton R. Shore – Represantative, Vancouver K. Bonnett – Grievor

AWARD OF THE ARBITRATOR

The grievor readily admitted at his investigation that he simply forgot to wear his

safety glasses when he was asked to change machines during the course of his shift.

This was more of an act of forgetfulness on his part rather than a deliberate attempt to

defy authority.

However, given that the grievor’s record now stands at seventy demerits as a

result of the decision in CROA&DR 3782 , any reduction in the severity of the discipline

imposed is moot and the grievance is dismissed.

June 25, 2009 (signed) JOHN M. MOREAU, Q.C.

ARBITRATOR