Calgary Alberta - Canadian Pacific Railway Ltd. said this week it will challenge an arbitration decision ordering the company to reinstate a locomotive engineer who tested positive for cocaine.
 
"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 Wednesday.
 
"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.
 
Now the union representing the employee is lashing out at Harrison for what it calls unjustified "personal attacks" against the worker.
 
"If the American CEO at CP prefers American laws, and doesn't believe in the Canadian Human Rights Act, and Canadian Law, that is one thing. Singling out one of our Teamsters members with his unacceptable criticisms is another," said Doug Finnson, vice-president of the Teamsters Canada Rail Conference, in a statement Friday.
 
Finnson added:  "The safety concerns of the CP workers include the chronic affects of fatigue, and the ongoing failure of CP to provide the rest provisions within the Collective Agreement. If CP wants to stop violating the workers rights to rest after a 10-hour workday, then let's get that done. It affects 4000 workers right now, every day."
 
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 Lake Megantic 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.
 
It plans to ask the Superior Court of Quebec to stay and overturn the 14 Jul 2014 decision by the Canadian Railway Office of Arbitration (CROA)

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