Flimsy evidence not enough to knock CP mechanic off track (Legal View)

Smell of alcohol did not prove worker was unfit for duty, violated agreement
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 04/07/2014

Canadian Pacific Railway has been ordered by an arbitrator to reinstate a worker dismissed for showing up for work under the influence of alcohol.

The 55-year-old worker was a journeyman railcar mechanic and senior crane operator for CP Rail in Alberta. He also held a supplementary service position that entitled him to be called on emergency calls and wrecking service work, which provided a significant amount of overtime.

The mechanic had worked for the railway his entire adult life, putting in 36 years of service, and was to become eligible for a full pension at the end of 2013.