760 Awards

760 Awards

AH709 El Borte No RTW Accommodation

BTC made bona fide efforts to accommodate Mr. El Borte during the short 5-day period when he had safety-related limitations. BTC only realized upon Mr. El Borte’s return to work that he could not perform work in a safety sensitive position. This obliged it to deal with the accommodation issue in real time. Despite this challenge, BTC provided Mr. El Borte with a viable partial work option.

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AH710 Lystukha - Permanent Demotion to Different Craft

In sum, BTC did not demonstrate that Mr. Lystukha’s conduct, while deserving of discipline, merited a permanent demotion to his former position of maintainer. His lesser responsibility for the August 7, 2019 incident and his candour, albeit delayed, merits instead a suspension.

The arbitrator accordingly reinstates Mr. Lystukha to his position as conductor.

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AH707 - Valiquette Accommodation Abandonment

BTC did not demonstrate that it had reached the point of undue hardship when considering accommodation for Mr. Valiquette. BTC will compensate Mr. Valiquette from April 15 to September 30, 2019.

Mr. Valiquette did not abandon his position in October/November 2019 and is accordingly reinstated without loss of seniority. However, due to his conduct, he will not be compensated for the period starting on October 1, 2019.

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Dismissal grievance of Marc-André Ouimet

For these reasons, BTC did not demonstrate it had just cause to terminate Mr. Ouimet’s employment. The arbitrator accordingly orders BTC to reinstate Mr. Ouimet in employment forthwith, without loss of seniority or other benefits, and with full compensation for loss of earnings, less any sums he earned in mitigation.

BTC did not satisfy its burden of proof that it had just cause to terminate Mr. Ouimet. The TCRC did not convince the arbitrator that BTC’s investigation was unfair or that additional damages should be awarded given the overall circumstances of this case.

However, the TCRC will have the option of having this award posted in the workplace to counteract any negative inferences flowing from how BTC conducted Mr. Ouimet’s drug test.

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