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HomeMy WebLinkAbout2020-0020.French.22-03-25 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB#2020-0020 Union# G-013-20 BOS IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Amalgamated Transit Union - Local 1587 (French) Union - and - The Crown in Right of Ontario (Metrolinx) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Emily Home Ursel Phillips Fellows Hopkinson LLP Counsel FOR THE EMPLOYER Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel HEARING March 23, 2022 (Videoconference) 2 Decision [1] I have been appointed pursuant to the collective agreement between the parties to hear a grievance filed by the Union on behalf of its member, Gregory French, claiming that the Employer failed to accommodate him when he was able to return to work. [2] In order to facilitate the efficient litigation of this grievance, I make the following order regarding the production of documents and the provision of particulars. 1. The Union is directed to produce to the Employer as soon as possible, and no later than July 25, 2022, all arguably relevant documents in this matter in the Union’s or the grievor’s possession, power or control, including those listed below: (a) Clinical notes and records of all doctors and other health professionals involved with the grievor in respect of the disability or disabilities at issue to date, including documents in relation to the grievor’s cannabis prescriptions; (b) Records of the grievor’s purchases of cannabis in respect of the period of February 2019 to June 2020, including the product information; (c) The grievor’s Manulife LTD file in respect of the disability or disabilities at issue to date; (d) The grievor’s Oncidium file in respect of the disability or disabilities at issue to date; (e) All documents and correspondence (including emails) concerning accommodation of the grievor, requests for accommodation, positions and accommodations offered, testing done, training/skills provided; (f) All documents (including correspondence and notes) related to efforts made by the grievor to obtain training/skills upgrading during the period of June 2019 to June 2020; (g) Record of any employment insurance payments received during the period of June 2019 to June 2020, and all documents submitted and received in respect of any employment insurance sought in respect of that period; 3 (h) Arguably relevant documents contained in the grievor’s WSIB file; and, (i) All relevant documents from the grievor’s file maintained by Metrolinx’s Health & Wellness Department. [2] The Union is directed to provide to the Employer on or before May 24, 2022, particulars as indicated below: (a) Particulars of any accommodations which the Union asserts should have been, but were not, provided to the grievor; and, (b) Particulars of all efforts made by the grievor to obtain training/skills upgrading during the period of June 2019 to June 2020. 3. In the event that the Union is of the view that some documents contained in the files listed in paragraph 1 are not arguably relevant to this proceeding, it should so advise the Employer, along with its reasons as soon as reasonably possible, and in any event, by no later than the respective final deadlines for production and particulars. 4. By no later than April 25, 2022, the Union is directed to provide the Employer with its production request. 5. Should the Employer have any objections to the Union’s production request, or be practically unable to comply with the scope of the Union’s request by the deadline set out below, it must raise those objections or concerns as soon as reasonably possible, and in any event, by no later than May 24, 2022. Should the parties be unable to resolve the issues between themselves, they are directed to request that the Board convene a conference call as soon as possible in order to address such matters. 6. The Employer is directed to make its best efforts to produce to the Union as soon as possible following April 25, 2022, and in any event, by no later than July 25, 2022, all arguably relevant documents in this matter in the Employer’s possession, power or control. [3] I note the parties’ agreement that at this juncture all production and particulars being sought relate to the grievance as it regards the grievor’s accommodation in a job other than his regular position as a Bus Driver. The parties have reserved their rights to argue about the scope of the grievance as it may relate to the grievor’s fitness for duty as a Bus Driver in light of his prescribed cannabis usage, and about the appropriate proceeding for the hearing of such disputes. The parties 4 have also reserved their respective rights as regards production and particulars requests in that regard. [4] In order to ensure that the parties will be prepared to proceed on the next arbitration date, they are encouraged to contact the Board should there be any issues that may be dealt with through a conference call with the arbitrator. [5] I remain seized. Dated at Toronto, Ontario this 25th day of March 2022. “Gail Misra” Gail Misra, Arbitrator