HomeMy WebLinkAbout2021-0716.Pelley et al.24-08-26 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-0716; 2021-0717; 2021-0718;
2021-0719; 2021-0720
Union# G-049-21-BOE; G-045-21-BOW; G-044-21-BOW;
G-048-21-BOW; G-046-21-BOW
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Pelley et al) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Simon Blackstone
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Bonnie Roberts Jones
Hicks Morley Hamilton Stewart Storie LLP
Counsel
CONFERENCE CALL August 22, 2024
- 2 -
Decision
[1] This case has a long history. An arbitrator at the GSB issued a decision on July 20, 2023
which was appealed to the Divisional Court. The Court issued a decision dated April 2,
2024 quashing the decision of the arbitrator and remitting the matter back to the GSB to
be heard by a different arbitrator. I am the arbitrator agreed to by the parties.
[2] Leave to appeal to the Court of Appeal has been sought but the parties do not yet know if
leave will be granted, or when any appeal might be scheduled.
[3] An issue has arisen with regard to the scheduling of the case. We are looking at
scheduling the case next summer in June or July.
[4] Counsel for the Employer has taken the position that she will only agree to dates being
scheduled on the condition that any appeal, if held, happens before those dates. If the
union does not agree to that condition, she has indicated that she will not agree to any
dates being set until the appeal is heard.
[5] Counsel for the union argues that dates should be set in the normal fashion. He points
out that we should know long before next summer if leave is going to be granted and will
likely know if and when the appeal will be heard. If the appeal has not occurred prior to
the dates that have been set, the parties can either agree to adjourn the dates, or the
issue with regard to an adjournment can be argued at that time.
[6] I agree with counsel for the Union on this issue. I see no reason to deviate from the
normal procedure for the scheduling of dates at the GSB. Accordingly, dates will be
scheduled in the normal fashion and should either party seek an adjournment of the
dates, that too will be handled in the usual way.
[7] The GSB will be in touch with the parties to schedule the dates.
Dated at Toronto, Ontario this 26th day of August 2024.
“Janice Johnston”
Janice Johnston, Arbitrator