HomeMy WebLinkAbout2019-1633.Toppin.23-04-04 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# 2019-1633; 2020-2399; 2022-12123
UNION# G-82-19-SOW; G-018-20-SOW; G-143-19-SOW
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Toppin)
Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION
Andrea Wobick
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING March 1 and 15, 2023 (by conference call)
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Decision
[1] This matter concerns three grievances filed by the Union on behalf of Pedro
Toppin.
[2] A decision was issued in connection with this matter on March 15, 2023. The
March 15, 2023, decision is referred to herein as the “Production Decision.” The
Production Decision concerned the Union’s failure to comply with an agreement to
provide documents to the Employer no later than February 15, 2023. The Union
advised that the documents had not been provided because the grievor had not
responded to the Union’s attempts to contact him. By way of the Production
Decision, the Union was ordered to produce the documents to the Employer no
later than March 24, 2023. In addition, due to the grievor not having responded to
the Union’s attempts to contact him, the Production Decision further provides:
5. The Grievor is hereby ordered to contact the Union immediately,
and in the absence of compelling circumstances that prevent
him from doing so, to forthwith take all steps reasonably
required to facilitate the disclosure described in paragraph 4(5)
above, including the execution of any consents required for
disclosure from third parties.
6. In the absence of compelling circumstances that prevent him from
doing so, communicated to the Union in advance, the Grievor is
ordered to attend at arbitration on the next day of hearing, which
is March 31, 2023.
[3] When the hearing of this matter commenced at 10:00 a.m. on March 31, 2023, the
grievor was not in attendance. The Union advised that it had sent a copy of the
Production Decision to the grievor at the email address on file with the Union. The
grievor had not contacted the Union as directed by Production Decision and had
not taken any steps to facilitate the production of documents or execute consents
required for the disclosure of documents from third parties. The grievor had not
contacted the Union in advance of the hearing to advise that he would not be in
attendance. The grievor had not responded to efforts made by the Union to contact
him by way of phone, email or courier.
[4] The Employer asked that the grievance be dismissed for abuse of process and the
Union objected.
[5] Having regard to the grievor’s failure to attend the hearing on March 31, 2023, and
his failure to provide any advance notice of his non-attendance, the grievor is
ordered to contact the Union, no later than April 17, 2023, and provide an
explanation, and supporting documentation, for not attending the hearing on March
31, 2023 and for not providing notice in advance of his non-attendance. The Union
is to provide the explanation and supporting documentation provided by the grievor
to the Board and to the Employer by no later than April 20, 2023.
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[6] Should the grievor not respond as directed above, within the time allowed,
this grievance will be dismissed.
[7] Should the Union provide the Board and the Employer with the grievor’s
explanation for his non-attendance at the hearing and his failure to provide any
notice in advance, the Employer will have until May 5, 2023 to advise the
Board and the Union as to whether it accepts the grievor’s explanation and agrees
to the hearing of the grievances. Should the Employer take the position that the
grievor’s explanation is insufficient and ask that the grievances
be dismissed without a hearing on the merits, the issue will be dealt with at the
June 13, 2023 hearing date previously scheduled. The May 18, 2023 hearing date
is hereby adjourned.
Dated at Toronto, Ontario this 4th day of April 2023.
"Diane L. Gee”
Diane L. Gee, Arbitrator