HomeMy WebLinkAbout2021-1521.Popov.24-01-24 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# 2021-1521
Union# G-087-21-BOW
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Amalgamated Transit Union - Local 1587
(Popov) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Barry Stephens Arbitrator
FOR THE UNION Anne Cumming
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING January 11, 2024
- 2 -
Decision
[1] The Employer seeks an order for production to follow up from my previous order
dated November 24, 2022. A hearing was held on January 11, 2024, for the parties
to make submissions on the Employer’s motion for production. After hearing from
the parties, I issue the following order:
1. Health and Wellness File. The grievor is to provide the necessary consents
forthwith in order that the employer can gain access to the grievor’s Metrolinx
Health & Wellness department file.
2. Other Medical Information.
a. The union is to provide all yet undisclosed clinical notes and
records including, but not limited to, those listed in paragraph 2 of
the employer’s letter of December 1, 2023.
b. The union will also provide the medical documentation of Dr. Sol
E. Sax, who is referenced in the Oncidium file.
c. The union will also provide the medical documentation from
Wellpoint Health Ltd., which is referenced in the Oncidium file.
d. The union will provide an update of the medical documentation of
Dr. Joseph Y. Chu and Dr. Ginette Moore since February 2023.
e. The union will provide an update of the Manulife file, if any, since it
was last disclosed.
f. The union is to provide any updates to medical information with
respect to medical care from any source already produced to the
employer.
g. Counsel may discuss directly and reach agreement upon any
redactions to be made from the above files.
3. Prescription Information. The grievor’s prescription records from August
2020 to the present.
- 3 -
4. EI/CPP Information. The union will provide the grievor’s CPP file for any
statutory disability benefits claimed under the program. In addition, the union
will provide particulars explaining the 15-week duration of the grievor’s EI claim.
5. Particulars re Disability. The union will provide the employer with particulars
and any related documentation with respect to the specific disability or
disabilities on which the grievor seeks to rely with respect to his claims against
the employer.
6. Particulars re Accommodation. The union is to deliver particulars and any
related documentation to the employer setting out the accommodation(s)
and/or accommodated positions alleged not to have been provided by the
employer.
7. Particulars re Training. The union is to provide the employer with particulars
and any related documentation as to the grievor’s training as an Elevator
Mechanic at Durham College, including but not limited to:
a. the attendance requirements throughout, i.e. days per week, hours
per day, including any co-op placement, lab work or other elements
of the program;
b. job descriptions related to any co-op placements and the nature of
the work involved;
c. details of the grievor’s involvement in any lab(s), co-op
placement(s), other practicum component of the program, and the
Program Advisory Committee (PAC), Elevating Devices, Durham
College.
8. Mitigation. The union is to provide particulars and related documentation with
respect to any mitigation of damages related to the grievor’s search for
alternate employment or self-employed income from August 2020 to present
date. Related documentation includes but is not limited T4s and Income Tax
Returns for the period in question.
9. Timing. The above orders which do not require disclosure from third parties
are to be fulfilled by January 31, 2024. The disclosure from third-parties is to
be sought forthwith. The parties have scheduled a conference call with me for
9:00 a.m. on February 8, 2024 to assess the progress of the third party
disclosure. I note that some of the above captures material covered by the
Board’s order dated November 22, 2022. The union and the grievor are
advised that it is necessary and important to respond properly to the orders of
the Board, and that any further failure to comply with such orders may have an
impact on the litigation of this matter.
- 4 -
[2] None of the above affects the right of either party to seek disclosure of other
information should it prove appropriate during the rest of the hearing process, nor
do I make any findings about the actual relevance of any of the information touched
on above. I note the employer reserved the right to argue that the union
unnecessarily delayed the litigation of this case by failing to comply with the order
dated November 24, 2022.
Dated at Toronto, Ontario this 24th day of January, 2024.
“Barry Stephens”
Barry Stephens, Arbitrator