HomeMy WebLinkAbout2020-1876.Malliaros.22-06-17 DecisionCrown 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# 2020-1876
UNION# G-065-20-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
(Malliaros) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Matthew Wilson
Chair
FOR THE UNION Andrea Wobick
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Lauri Reesor
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING June 17, 2022 (By 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, George Malliaros,
claiming that the Employer failed to accommodate him. A video conference call was
held on June 17, 2022 to determine certain procedural issues in advance of the
hearing scheduled for June 28, 2022.
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 Employer is ordered to produce a copy of the grievor’s Metrolinx
Occupational Health and Wellness File to Union counsel who will then
review the file and produce to Employer counsel all arguably relevant
documents and identify any documents that are refused to be produced
setting out the reasons for the refusal.
(2) The Union is ordered to produce the following:
(a) all arguably relevant documents to the Union’s position in respect of
the Grievance, including but not limited to those documents upon
which it intends to rely at the hearing;
(b) a full and complete copy of all records, medical reports,
appointment confirmations, progress notes, nurses’ notes, reports
or diagnostic tests, medical opinions, clinical notes or other
documents or information that are arguably relevant to the Grievor’s
claimed medical inability to wear a mask consistent with Metrolinx’s
policy;
(c) copies of any and all relevant emails, notes, text messages,
documents or other communications between: the grievor and his
manager or supervisor; the grievor and the Health and Wellness
team; and the grievor and his union representatives that may be
relevant to the grievor’s claim to not be able to wear a mask and his
leave of absence for the period July to August 2020.
(3) The Union is also ordered to provide full particulars and all arguably
relevant documents related to the nature of the mask (as described in
the Employer’s April 12, 2022 letter), how it addressed the grievor’s
alleged medical needs and/or was consistent with the claimed medical
inability to wear a mask as claimed in July 2020.
[2] I was also advised that the grievor recently had surgery that may impact his ability
to participate in the hearing. I order the grievor to confirm to the Union that he is
able to attend and participate in the video hearing by June 23, 2022.
-3-
[3] I remain seized.
Dated at Toronto, Ontario this 17th day of June, 2022.
“Matthew Wilson”
______________________
Matthew Wilson, Chair