HomeMy WebLinkAbout2022-1842.Madge.23-02-03 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# 2022-1842
UNION# G-023-22-SOE
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Madge)
Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION
Max Halparin
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Diane Laranja
Filion Wakely Thorup Angeletti LLP
Counsel
HEARING February 2, 2023 (by conference call)
- 2 -
Decision
[1] This matter concerns an arbitration to determine whether the Employer had just
cause to discipline the above-noted Grievor.
[2] The Union has requested pre-hearing disclosure of certain documents and
materials. These documents and materials relate to the Employer’s allegations
of misconduct by the Grievor, which gave rise to the Grievance.
[3] The Employer takes the position that these documents are sensitive as they
contain personal and/or sensitive material about current and former employees
of the Employer (including non-bargaining unit members) and contain the identity
of individuals who hold an expectation of confidentiality and have not consented
to their identity or statements being disclosed to third parties.
[4] I hereby exercise my authority pursuant to section 48(12) of the Labour Relations
Act, 1995 to order the Employer to disclose, no later than 30 calendar days from
the date of this decision, the following documents and materials, subject to the
conditions outlined in this Order.
1. The Investigation Report and all non-privileged materials that
were before the investigator in the Employer's possession in
preparing the Investigation Report shall be produced by the
Employer to the Union. The Union reserves the right to assess
and, if necessary, contest the claims of privilege.
2. The production of the documents pursuant to paragraph 1 above
will be subject to the following conditions:
a. Counsel for the Employer will send the documents to
counsel for the Union in electronic format. Counsel for the
Union will be permitted to make a physical copy of all
documents for his use (and any additional copies as
necessary for use by any Union co-counsel). Electronic
documents will not be forwarded, save and except as per
2(b).
b. Counsel for the Union will be permitted to forward the
documents in electronic format to Union advisors on the
condition that the Union advisors (i) will not show the
documents to anyone for any purpose other than
preparation for arbitration and, (ii) will not discuss the
contents of the documents with anyone other than Union
counsel, the Grievor, Union representatives or other
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persons for any purpose other than preparation for
arbitration, (iii) will not make any physical or electronic
copies of such documents, and (iv) will undertake to
delete any and all electronic and physical copies of the
documents produced at the conclusion of the hearing.
c. Union counsel will be permitted to share the contents of
the documents produced with the Grievor (either in-person
or through the “share screen” function of a video
conferencing app such as Zoom or Teams) but will not
provide copies of the documents to the Grievor. If the
aforementioned “share screen” function is used to share
the contents of the documents produced with the Grievor,
there shall be no recording of the documents shared in the
video conferencing app. The Grievor must undertake not
to discuss the contents of the documents with anyone
other than Union counsel, Union representatives or other
persons for any purpose other than preparation for
arbitration.
d. Any third party in receipt of information contained in these
materials is to keep such information strictly confidential
and not otherwise share or discuss such information.
e. At the conclusion of the hearing, all copies of the
documents created by Union counsel in compliance with
this Order will be destroyed except for a copy of the
documents that Union counsel will retain in their files.
Dated at Toronto, Ontario this 3rd day of February 2023.
"Janice Johnston”
Janice Johnston, Arbitrator