HomeMy WebLinkAbout2017-0808.Policy.18-11-09 DecisionCrown Employees Grievance Settlement
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règlement des griefs
des employés de la
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Bureau 600
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Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-0808
UNION# G 071 17 TS
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
Diane Gee
Arbitrator
FOR THE UNION
Kassia Bonisteel
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Dan McDonald
Norton Rose Fulbright Canada LLP
Counsel
HEARING November 2, 2018
-2-
DECISION
[1] This matter is a grievance in which the Amalgamated Transit Union Local 1587
(the “Union”) alleges GO Transit A Division of Metrolinx (the “Employer”) is in
violation of Article 30.1 B of the Collective Agreement as a result of having issued
black shirts to Transit Security Officers (TSOs) in or about June 2017 and black
ties at some undefined time in the past. Article 30.1 B of the Collective
Agreement indicates shirts are to be grey and ties are to be navy blue.
[2] The Union seeks a declaration that the Employer has violated Article 30.1 B of
the Collective Agreement as well as an order requiring the Employer to replace
any black shirts either issued to TSOs by the Employer or purchased by TSOs
with grey shirts and a similar order with respect to the ties.
[3] Having regard to the submissions of the parties I find the Employer to have
issued black shirts to the TSOs in or about June 2017 and to have issued black
ties to the TSOs at some point in the past. I declare the issuance of black shirts
to the TSOs to be a violation of Article 30.1 B of the Collective Agreement.
Given positions advanced by the Employer, including an allegation of delay, I
make no finding at this stage as to whether the issuance of black ties amounts to
a violation of the Collective Agreement.
[4] It is agreed as between the parties that, in 2017, TSOs were issued six black
shirts. They were required to purchase a minimum of two further black shirts in
2018. TSOs may have purchased additional black shirts. Having regard to the
fact that the Collective Agreement required the shirts to be grey I hereby order
the Employer, at the next issue of uniforms in 2019, to provide TSOs, in addition
to what is required under the terms of the Collective Agreement, with an
additional number of grey shirts equivalent to the total number of black shirts
issued to and purchased by each TSO.
[5] I remain seized to deal with the issue as to whether the issuance of black ties to
the TSOs is a violation of the Collective Agreement. Should the parties wish
hearing dates to be set they will contact the Grievance Settlement Board.
Dated at Toronto, Ontario this 9th day of November, 2018.
“Diane Gee”
______________________
Diane Gee, Arbitrator