CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4379
Heard in Calgary, March 11, 2015 Concerning
CANADIAN NATIONAL RAILWAY COMPANY
And
UNIFOR COUNCIL 4000
DISPUTE:
Discharge assessed to Mr. Weston for violation of CN’s Policy to Prevent Workplace Alcohol and Drug Problems as a result of his refusal to participate in post-accident/incident drug and alcohol testing on April 4, 2014. JOINT STATEMENT OF ISSUE: The Union alleges that Mr. Weston showed no signs of impairment and was not directly involved in the accident to require him to participate in the post-accident/incident testing. The Company disagrees with the Union’s allegations. FOR THE UNION: FOR THE COMPANY: (SGD.) B. Kennedy (SGD.) R. Campbell President Labour Relations There appeared on behalf of the Company: R. Campbell – Manager Labour Relations, Winnipeg R. Bateman – Director Labour Relations, Toronto R. Emond – Manager LRC, Edmonton D. King – Mechanical Supervisor, Edmonton There appeared on behalf of the Union: R. Fitzgerald – National Representative, Toronto R. Shore – Regional Representative Council 4000, Vancouver J. Dowell – President Local 4001, Edmonton P. Weston – Grievor, Edmonton
CROA&DR 4379
- 2 –
AWARD OF THE ARBITRATOR
The facts, merits and disposition of this grievance were dealt with in CROA&DR
- The analysis and determination in that case are adopted as part of this Award.
April 1, 2015 __ _____
MARILYN SILVERMAN
ARBITRATOR