CNR engineer responsible for train collision reinstated by arbitrator

Failure to follow procedure resulting in costly accident warranted serious discipline but not dismissal for worker
|Canadian Employment Law Today|Last Updated: 07/06/2016

A Canadian National Railway (CNR) employee has been reinstated by an arbitrator after the employee’s carelessness contributed to a train collision.

The CNR employee was a locomotive engineer with seven years of service with the railway and two-and-one-half years of service as an engineer. He had some discipline on his record amounting to 10 demerits.

On Nov. 17, 2014, the engineer and a conductor were working out of a yard in Winnipeg. Their assignment was to drive two light locomotives to a receiving yard. The trip required travel eastward, followed by a switch to another track and then westward. They knew another train of locomotives was on the westward track, so they would have to follow signals to ensure there was sufficient room ahead of them.