Worker had two previous suspensions; blamed faulty brakes
A railway worker’s multiple errors contributing to a track collision warranted discharge from his employment, according to an arbitrator from the Canadian Railway Office of Arbitration and Dispute Resolution.
The worker was a Group 2 Machine Operator based in Winnipeg since 2013. It was a safety-sensitive position, as his duties included operating heavy machinery on railway tracks requiring specific qualifications. He was required to be qualified in the Canadian Railway Operating Rules (CROR), which are federally-mandated rules governing the railway industry.
In August 2019, the worker travelled outside of his authority limits and failed to report it, and CN felt that he wasn’t forthcoming during the investigation. He was discharged, but CN agreed to reinstate him with a nine-month suspension on his record. In 2021, the worker was suspended for 26 days following a track collision. He was also required to complete training on the CROR.
In late February 2024, the worker spent more than a week operating a spiker - a 22,500-pound piece of track maintenance equipment that drives spikes into railway ties - with two other qualified employees on board. Before his shift on Feb. 27, the worker told a supervisor that he was having issues with the spiker’s brakes. On the previous shift, he had radioed while travelling to the work location that his brakes were performing poorly and the machine directly behind him was giving him...
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