HomeMy WebLinkAbout2021-0951.Ferguson.22-06-15 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# 2021-0951
UNION# G-069-21-BOE
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Ferguson) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Kim Bernhardt
Arbitrator
FOR THE UNION Andrea Wobick
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Lauri Reesor
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING March 7, 2022
-2-
DECISION
[1] “The Union is to produce the following items to the Employer no later than June
30, 2022:
1) Copies of all arguably relevant medical and paramedical documents/file
documents including test results, treatment plan, supporting clinical notes
and other reports in respect of any medical condition that has led to the
Grievor’s need for accommodation relating to the mandatory mask
requirement and/or inability to work. This includes any medical
practitioners who Miss Ferguson sought treatment and/or notes from in
support of her need for accommodation.
2) A copy of all arguably relevant documents from Miss Ferguson’s
Oncidium file including any test results, treatment plan, clinical notes,
reports and information provided by Miss Ferguson’s treating practitioners.
3) A copy of all arguably relevant documents from Miss Ferguson’s
Health and Wellness file.
4) A copy of the supporting documents for the Family Caregiver Leave for
which she declined the offered November 2021 accommodated position.
5) Confirmation of her compliance with the mandatory vaccination policy.
6) Confirmation of any new restrictions precluding her return to work now
or any new required accommodations.”
Dated at Toronto, Ontario this 15th day of June, 2022.
“Kim Bernhardt”
______________________
Kim Bernhardt, Arbitrator