Canadian Pacific to fight reinstatement of worker who tested positive for cocaine

[mahatmakanejeeves]

Canadian Pacific to fight reinstatement of worker who tested positive for cocaine

TORONTO Wed Jul 16, 2014 11:09pm EDT

(Reuters) - Canadian Pacific Railway Ltd will challenge an arbitration decision ordering the company to reinstate a locomotive engineer who tested positive for cocaine, the rail operator said late on Wednesday. ... "The arbitrator's decision is an outrage and, as a railroader, I am appalled we would be forced to place this employee back in the cab of a locomotive," said Canadian Pacific Chief Executive Officer, Hunter Harrison, in a statement. "On my watch, this individual will not operate a locomotive."

Harrison said the decision puts individual rights above public safety. He criticized Canadian law that prohibits companies from conducting random drugs and alcohol testing, unlike the United States, where railroads are required to do so under federal law.

Rail safety has come under intense scrutiny following a series of fiery train derailments involving potentially dangerous goods like crude oil. The worst North American rail accident in two decades occurred just over a year ago in Lac Megantic, Quebec, when an unattended runaway train crashed into the town center and killed 47 people.

The employee, who will not be operating a train until the courts have made a ruling, tested positive for cocaine following an incident in which the engineer committed a serious rule violation, Canadian Pacific said.
....

(Reporting by Solarina Ho; Editing by Kenneth Maxwell)

Note this comment at Trainorders:

Canadian Railroads > CP to appeal order to reinstate coke user

Date: 07/17/14 06:05
Re: CP to appeal order to reinstate coke user
Author: eminence_grise
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There's more to this story than meets the eye.

The Canadian railways and the unions jointly fund their own arbitration panel, the Canadian Railway Office of Arbitration.

This was established because of the large number of workplace arbitrations in the railway industry were plugging up the arbitration process for all industries in Canada.

The Federal Government and the Legal system chastised the railway industry for initiating more grievences that the norm in all other industries, and allowed for the establishment of CROA to remedy the situation.

The CROA has a history of making fair and balanced decisions that meet the test of legality.

For the CP and Mr.Harrison to criticize the CROA is the equivalent of saying that they don't respect the rule of law.

Mr.Harrison just upset a whole number of lawyers and judges for questioning the decisions of a part of the legal system.

Expect Mr.Harrison's decisions to become closely watched also. I wouldn't be double parking in downtown Calgary, EHH