HomeMy WebLinkAbout2016-0614.Policy.17-04-10 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-0614, 2016-1782, 2016-2197
Union#033-16-I&IT, G-69-16-IT, G-106-16-IT
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Policy) Union
- and -
The Crown in Right of Ontario
(Metrolinx - GO Transit) Employer
BEFORE Peter Chauvin Vice-Chair
FOR THE UNION Dean Ardron
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING April 4, 2017
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Decision
[1] The parties have chosen me to be the Vice-Chair regarding the grievances in GSB
File Nos. 2016-0614 and 2016-1782.
[2] GSB File No. 2016-2197 has not yet been assigned to a Vice-Chair.
[3] The Union has brought a motion under Rule 3 of the GSB’s Rules of Procedure to
have all three of these files heard together, by me. The Employer opposes this motion
and submits that these three files should not be heard together.
[4] The parties agree that all three of the grievances pertain to a single department of
Metrolinx, being I&IT Support Services, and that one supervisor within that department
has some connection with all three of the grievances. The Union submits that at least in
a broad sense all three of the grievances pertain to the assignment of duties, and
possibly the changing of job descriptions for certain classifications. The Union also
submits that the three grievances should be heard together because doing so will jointly
disclose an improper pattern of conduct that may not be observed if the grievances are
heard separately by different Vice-Chairs. The Employer maintains that there is no such
pattern of conduct, and no violations of the collective agreement. These allegations
regarding the merits of these grievances cannot be addressed or resolved through this
motion.
[5] Having heard the submissions of the parties, I am satisfied that the three
grievances have a question of law or fact in common. Also, hearing the three
grievances together will create efficiencies with regard to the calling of evidence, and
will avoid the unnecessary costs and delays, and the possibility of inconsistent findings
of fact and rulings, that could be incurred if the three grievances are heard separately,
and by different Vice-Chairs. Hearing the three grievances together will save the public
and the parties money, and will contribute to the orderly, efficient and most proper
disposition of all of the grievances. Finally, I am satisfied that the motion has been
brought for proper reasons and in good faith, and that hearing the three grievances
together will not result in prejudice to the Employer.
[6] Accordingly, I rule that GSB File Nos. 2016-0614, 2016-1782 and 2016-2197 will
be heard together, consecutively, by me, in the following manner and order:
A. By April 25, 2017 the parties must exchange particulars, production and
their issues in dispute regarding each of the three grievances.
B. By May 12, 2017, any disputes regarding particulars or production must be
resolved, with the prior assistance of Vice-Chair Chauvin, if necessary.
C. By May 26, 2017 the parties must provide Vice-Chair Chauvin with their
partial or full agreed upon facts, and their facts that remain in dispute,
regarding each of the three grievances.
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D. On May 31, 2017 the parties will engage in mediation with Vice-Chair
Chauvin regarding all three of the grievances.
E. Any grievances that are not resolved on May 31, 2017 will be arbitrated
before Vice-Chair Chauvin. The parties are directed to obtain Vice-Chair
Chauvin’s available dates and attempt to agree upon two continuation
dates, in addition to and after May 31, 2017, for this matter. Failing such
agreement, the parties can contact Vice-Chair Chauvin to arrange those
two continuation dates.
F. On the continuation of this matter, after May 31, 2017, the grievances that
have not been settled will be heard by Vice-Chair Chauvin in the following
order: First, GSB File No. 2016-2197; Second, GSB File No. 2016-1782,
and; Third, GSB File No. 2016-0614. Further mediation may be conducted
at these hearings by Vice-Chair Chauvin, at his discretion.
G. The evidence heard in any one of the grievances shall also be evidence in
the other grievances.
H. Vice-Chair Chauvin has the discretion to not release a Decision regarding
one or more of the grievances prior to commencing to hear another
grievance.
I. Vice-Chair Chauvin is seized of this matter and may amend the timelines
set out above, and make other rulings, as he sees fit.
Dated at Toronto, Ontario this 10th day of April 2017.
Peter Chauvin, Vice-Chair