HomeMy WebLinkAbout2006-1659.Raposo.07-06-28 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2006-1659
Union# G68-06-BO
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
CONFERENCE CALL
Before
THE GRIEVANCE SETTLEMENT BOARD
Amalgamated Transit Union - Local 1587
(Raposo)
- and -
The Crown in Right of Ontario
(Greater Toronto Transit Authority - GO Transit)
Randi H. Abramsky
Dijana Simonovic
Green & Chercover
Barristers and Solicitors
Kari Abrams
Osler, Hoskin & Harcourt LLP
Barristers and Solicitors
June 28, 2007.
Union
Employer
Vice-Chair
2
Decision
UPON hearing the submissions of the parties, I have determined to issue the following decision:
1. The period from the date of the Grievor's discharge (August 23,2006) and the date of his
reinstatement (July 3, 2007) shall be recorded as a period of suspension without payor
benefits for the reasons set forth in the letter of termination dated August 23,2006.
2. The discipline referred to in paragraph 1 above, shall remain on the Grievor's record in
accordance with the terms of the Collective Agreement.
3. The Grievor shall be reinstated to employment with GO Transit effective July 3, 2007
subject to the following strict conditions of reinstatement as hereinafter set forth:
(a) The Griever must successfully complete a one-day driver training session.
(b) It is a condition of the Grievor's reinstatement that he not:
(i) commit any incident of aggressive driving (for greater certainty,
aggressive driving includes dangerous and/or unlawful acts which create
an unsafe situation for any person); and/or
(ii) engage in driving which results in a preventable collision.
Incidents by the Grievor as described above, may be brought to GO Transit's
attention in writing by the following: (i) the Grievor; (ii) a supervisor or other
person employed by GO Transit; (iii) a customer of GO Transit; or (iv) any
person.
(c) Any breaches by the Grievor of the terms set out in paragraphs 3(b)(i) or 3(b)(ii)
above, shall result in his immediate termination by GO Transit. If the Grievor is
dismissed for breach of 3(b )(i) or 3(b )(ii), an arbitrator shall have jurisdiction to
review the factual grounds for termination, but shall not have jurisdiction to vary
the penalty imposed, save for a decision for reinstatement should no just cause for
termination be found to exist.
(d) The Union shall meet with the Grievor, review this decision and ensure that the
Grievor understands the foregoing terms and conditions and commits himself to
comply with them.
( e) It is a condition of this decision that the Grievor acknowledge that he has,
effective the date of this decision, been placed upon Final Warning, and that he
has been given one final chance to remain in the employ of GO Transit and that
any further incidents of aggressive driving or driving which results in a
preventable collision, shall result in his immediate termination from employment.
4. Given the circumstances of this case, this decision shall be treated as a without precedent
decision and shall not be used by either of the parties in other cases not involving the
3
Grievor, but may be produced and relied upon in any subsequent proceedings between
the parties relating to the Grievor.
5. The parties acknowledge and agree that this decision shall expire and be of no force and
effect on January 3, 2009.
DATED at Toronto this 28th day of June, 2007.
Randi .. . Abramsky
Vice-Chair