HomeMy WebLinkAbout2019-0001.McGibbon.20-03-27 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# 2019-0001
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 Lauren Chang-MacLean
Metrolinx
Counsel
HEARING March 27, 2020 (by teleconference)
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Decision
[1] I convened a conference call in this matter on March 27, 2020 to address the
Employer’s submission that, due to various obstacles arising as a result of the
current Covid-19 health crisis, it is unable to fully comply with a previous Order that
was issued in this matter and its request that the Order be varied accordingly. I also
addressed the fact that the hearing cannot proceed in person on April 8 and 9, 2020,
as previously scheduled, due to the Covid-19 health crisis.
[2] Having heard the submissions of the parties, I hereby vary the previous Order in this
matter as follows:
1. By no later than March 31, 2020, the Employer will advise the Union of
four of the witnesses it intends to call when the hearing in this matter
reconvenes, as well as particulars of any of those witnesses’ anticipated
evidence that is relevant to the Employer’s request that the grievor be
awarded damages in lieu of reinstatement, in the event that just cause for
discharge is not proven.
2. By no later than April 3, 2020, the Employer will advise the Union of any
other witnesses it intends to call, as well as particulars of such witnesses’
anticipated evidence relevant to the above-noted “damages in lieu of
reinstatement” request.
3. The Union will advise the Employer as soon as possible, following receipt
of the above, if it intends to object to any of the particularized evidence
when the hearing reconvenes, on the basis that it relates to pre-discharge
incidents on which the Employer is allegedly not permitted to rely.
4. This Order does not preclude the Union from requesting further particulars
relating to the above-noted information to be provided by the Employer,
which requests will be dealt with if and when they are made.
5. To the extent that it has not already done so, the Union will provide the
Employer with particulars of any amounts earned by the grievor since the
termination of her employment by March 31, 2020.
6. There is no dispute that this matter cannot proceed in person on April 8 or
9, 2020, as previously scheduled, due to the current Covid-19 health crisis
in Ontario. However, the Board will convene a further conference call in
this matter on April 1, 2020 at 2:30 p.m. to address whether the hearing
will proceed remotely by videoconference on the previously scheduled
dates of April 8 and 9, 2020, or alternatively on April 14, 17 and/or 18,
2020, or whether the Employer is seeking an adjournment of the
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scheduled hearing dates, subject to the parties’ agreement to use the
morning of April 8, 2020 for mediation.
Dated at Toronto, Ontario this 27th day of March 2020.
“Sheri Price”
________________________
Sheri Price, Arbitrator