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GSB #0370/98
ATU G-45-9%BO
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union Local 1587
(Lorna Ramage)
- and -
Grievor
The Crown in Right of Ontario
(Toronto Area Transit Operating Authority/Go Transit)
Employer
BEFORE Barry B. Fisher Vice-Chair
FOR THE
GRIEVOR
Ian J. Fellows
Counsel, Green & Chercover
Barristers & Solicitors
FOR THE
EMPLOYER
Landen Young
Counsel, Osler, Hoskin & Harcourt
Barristers & Solicitors
HEARING January 28, 1999
This case involved the issue as to whether or not a Letter of Counsel
regarding innocent absenteeism dated April 7,1998 and revised April 29
1998 was in violation of the Ontario Human Rights Code (and therefore the
Collective Agreement).
After the exchange of opening statements, the Employer unilaterally
withdrew the subject letter. The Union wanted me to proceed to hear the
case on its merits and issue declaratory relief only. I gave oral reasons at the
hearing indicating that I was not inclined to follow that course of action as
the matter was now moot.
At the request of the Union, I have put that oral decision in written
form.
Dated at Toronto, this 12’h day of February, 1999.