HomeMy WebLinkAbout2021-2043.Policy.23-11-13 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# 2021-2043
Union# G-101-21-COR
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Policy) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Matthew R. Wilson Chair
FOR THE UNION Dean Ardron
Adriana Zichy
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Andrew Zabrovsk
Mornelle Lee
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING November 9, 2023
- 2 -
Decision
[1] I have been appointed to hear this matter concerning individual and policy
grievances arising from the Employer’s Mandatory Vaccination Policy (“MVP”),
under which the Employer placed a number of bargaining unit employees on an
unpaid leave of absence on November 1, 2021, for being non-compliant with the
MVP (the “Grievors”).
[2] The Union has requested pre-hearing disclosure of certain documents and materials
related to these Grievors. The parties agree that these documents are arguably
relevant to this matter, including those that contain private, sensitive and/or
confidential information of individual Grievors that hold an expectation of
confidentiality and have not consented to these documents being disclosed to third
parties.
[3] I hereby exercise my authority pursuant to section 48(1) of the Labour Relations Act,
1995, to order disclosure of the following documents and materials, subject to the
conditions outlined in this Order.
1. All non-privileged documents in the Employer’s possession that relate to
Individual exceptions to the vaccination mandate requested under the
grounds of creed or disability by the following individuals:
(i) Jan Zachemski;
(ii) Kristen Jones;
(iii) Christopher Bays;
(iv) Peter Fletcher;
(v) Darryl Kaslove;
(vi) Matthew DeBeaupre;
(vii) Blaze Eskrick;
(viii) Denise Lake;
(ix) Legend Eskrick;
(x) Noel Walker;
(xi) Daniel Goodwin; and,
(xii) Earl Greer.
2. The production of the documents pursuant to paragraph 1 above will be
subject to the following conditions:
- 3 -
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 their 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
Grievors, Union representatives or other persons for any purpose other
than preparation for arbitration, and (iii) will undertake to delete any and
all electronic and physical copies of the documents produced at the
conclusion of the hearing.
c) Any third party in receipt of information contained in these materials is
to keep such information strictly confidential and not otherwise share
such information.
d) 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.
3. The Employer is directed to make best efforts to comply with this Order by
no later then the hearing date scheduled for this matter on Wednesday,
November 15, 2023. Any outstanding issues concerning production, either
generally or arising from this Order, may be addressed with me at that time.
[4] The parties agree that this decision will have no precedential value in any other
matter.
Dated at Toronto, Ontario this 13th day of November 2023.
“Matthew R. Wilson”
Matthew R. Wilson, Chair