General Committee of Adjustment CP West
August 29th 2023
Given all the facts and circumstances, I find that it is appropriate to exercise my discretion to substitute a reduction of penalty with respect to the missed call. I consider that it is appropriate to reduce the measure of discipline for the missed call to that of significant time out of service to count as suspension. He shall be reinstated into his employment forthwith, without loss of seniority and without compensation for lost wages and benefits, save in respect to maintaining pension eligibility.
August 29th 2023
I believe Unions, employees and arbitrators can accept reasonable good faith errors in the enforcement and investigations of rule violations. Companies that sanction their own errors or unfairness may create harm for the system and safety. Procedural oversight is also necessary deter Company officers as well as employees from making errors and to maintain the integrity of the system.
I find this is a case in which coaching or a warning may have had a positive impact on the entire workforce if the error had been brought to the attention of the short service Grievor immediately.
In view of the foregoing the grievance is allowed in part. The Grievor’s discipline will be changed to that of a warning.
August 29th 2023
My concern is increased further by the Company’s error in the notice of investigation stating the incident was in connection with XTR RS2 rather than the actual V94. It is further increased by the Company’s error in its grievance on January 20, 2021, declining the grievance while addressing the conduct of employee, Mr. Jones. It did so without addressing any of the issues raised in the grievance on behalf of Mr. Ryan. As a result I cannot find that the Company has met its burden to establish the assessment of 20 demerits in addition to the coaching provided by the Trainmaster at the time of the incident.
In view of the foregoing the grievance is allowed and the discipline will be remove from the Grievor’s discipline record.
August 29th 2023
After considering the extensive submissions of the parties I find that the Employer has not discharged its onus to provide a fair and impartial hearing. I do not find that the Grievor engaged in any conduct that warranted discipline.
In view of all of the forgoing and given all the facts and circumstances in this case the grievance is allowed. The Grievor will be compensated for lost time and benefits accordingly.
August 28th 2023
In view of all of the forgoing and given all the facts and circumstances in this case, I find that the discipline assessed is within a reasonable range given the facts and circumstances. The Grievance is dismissed.
