HomeMy WebLinkAbout2009-1803.Farrell.10-03-29 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-1803
Union# G-4609-BO
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Farrell)
Union
- and -
The Crown in Right of Ontario
Metrolinx (GO Transit)
Employer
BEFORELoretta Mikus Vice-Chair
FOR THE UNIONIan Fellows
Green & Chercover
Counsel
FOR THE EMPLOYERGlenn Christie
Hicks Morley Hamilton Stewart Storie LLP
Barristers and Solicitors
HEARINGMarch 26, 2010.
- 2 -
Decision
[1]At the hearing on March 26, 2010, an issue arose concerning the issuance of a summons
by the Board, the delivery of the documents requested in the summons to counsel of the
Employer and the failure of the Employer to produce those records to the Union before
the next day of hearing. The Union requested an adjournment to consider its position
with respect to these issues and both parties requested an Order from the Board in respect
of the production of documents. It is therefore the Order of the Board that:
1.The Employer will provide the Union in advance of the next day of hearing with a
copy of the Summons to Rogers that is at issue.
2.The Employer will provide to the Union at the same time the details of any
communication between Rogers and the Employer staff or his delegates in respect of
that summons.
3.The Employer will provide the Union with details concerning the date the summons
was served and the date the documents were received by Employer counsel.
4.For purposes of this issue only, the Union may confer with the grievor but may not
discuss any of the evidence proffered to date.
th
Dated at Toronto this 29 day of March 2010.
Loretta Mikus, Vice-Chair