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Digest of the Week | Progressive Discipline

Even though grievor should have consulted with supervisor, his inexperience considered mitigating factor and employee's dismissal not upheld

Canadian Pacific Railway and Teamsters Canada Rail Conference (Simard), Re | 134 CLAS 251 | Canadian Railway Office of Arbitration and Dispute Resolution

Disciplinary penalties -- Assessing penalty -- Progressive discipline


Grievor's inexperience did not excuse him from having to be consistently aware and attentive to his obligations while on duty -- Train crew had primary responsibility for applying secondary securement -- There was no reference in Rail Traffic Controller ("RTC") manual about importance of secondary securement -- Grievor's relative inexperience was mitigating factor given that he was relying on the judgment of experienced crew, but should have consulted with his supervisor once he noticed  track light in siding and had spoken to crew about their decision -- Behaviour did not justify termination despite grievor's disciplinary record -- proper disposition was written warning -- Grievor reinstated to RTC position fortwith without loss of seniority and with compensation -- dismissal grievance upheld

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