CANADIAN RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 4748
Heard in Montreal with Video Conferencing, July 14, 2020
Concerning
CANPAR COURRIER
And
UNITED STEELWORKERS LOCAL 1976
DISPUTE:
The employer’s refusal to reinstate Mr. Milton Primus on the progressive return to work provided by his doctor.
JOINT STATEMENT OF ISSUE:
On September 13, 2019, Mr. Primus submitted a progressive return to work starting September 17, 2019 to his employer. The Company refused to reinstate the employee in his position on September 17, 2019. The employee was met on September 18, 2019 and September 20, 2019. On September 20, 2019, following the interview, the employee was suspended for investigation. The Company sent a follow-up letter of suspension for investigation dated October 2, 2019. The Union put in a grievance, claiming the days the employee would have worked according to the doctor’s note, up to the date he was suspended. The employer denied the grievance.
FOR THE UNION: FOR THE COMPANY: (SGD.) N. Lapointe (SGD.) L. Fuaco Staff Representative Vice President Operations
There appeared on behalf of the Company: C.S. Perron – Human Resources Business Partner, Montreal
And on behalf of the Union: N. Lapointe – Staff Representative, Montreal G. Rankine – Business Agent, Vancouver M. Primus – Grievor, Montreal
CROA&DR 4748
- 2 –
AWARD OF THE ARBITRATOR
- Having regard to my award in CROA & DR case 4749, I find the Company’s refusal to
accept the progressive return to work plan proposed by Mr. Primus’ physician to be legitimate.
Mr. Primus was relieved from duties pending the investigation regarding infractions of a serious
nature: his level of activity did not correspond to the alleged medical condition preventing him
from working.
- The grievance is therefore denied.
AMAL GARZOUZI
ARBITRATOR
August 7, 2020