HomeMy WebLinkAbout2019-0001.McGibbon.19-11-14.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#2019-001
UNION# G-010-19-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
(McGibbon) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Sheri Price Arbitrator
FOR THE UNION Kassia Bonisteel
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING November 12, 2019
- 2 -
Decision
[1] The grievance before the Board is a termination grievance arising from two
workplace investigations into the Grievor’s conduct. The union is seeking
disclosure of the investigation files for both investigations.
[2] Pursuant to Section 2(1) of the Crown Employees Collective Bargaining Act,
1993 S.O. 1993, c. 38 and Section 48 (12) (b) of the Labour Relations Act, 1995,
S.O. 1995, c.1, Sched. A, I order the following:
1. The Employer is ordered to disclose the investigation reports and any
documents collected or created as part of the investigation into the
allegations in a complaint from R.A. in 2018.
2. The Employer is ordered to disclose the investigation report and any
documents collected or created as part of the investigation into the
allegations in a complaint from A.K. in 2018.
3. The Employer will produce the documents to the Union's counsel subject
to the following conditions:
i. The documents will only be used for the purposes of this arbitration;
ii. The documents will only be viewed by Union counsel, her
adviser(s) in this arbitration, the grievor, and any witnesses or
persons identified as potential witnesses by Union counsel to the
extent required for the purposes of arbitration. The grievor and any
witnesses or persons identified as potential witnesses by Union
counsel who view any of the documents will be advised by Union
counsel of the requirement to maintain the strict confidentiality of all
of the contents of the documents;
iii. There will be no photocopying of the documents except as may be
required for preparing for the hearing, and all copies of the
documents shall remain in the possession of Union counsel;
iv. The documents will not be shared electronically. The documents
produced, including any and all copies made, will be destroyed
upon the conclusion of this proceeding. The only exception will be
documents that are exhibits in the hearing and the copy in Union
counsel’s file.
Dated at Toronto, Ontario this 14th day of November 2019.
“Sheri Price”
Sheri Price, Arbitrator