HomeMy WebLinkAbout2020-2509.Dosen.24-05-23 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# 2020-2509; 2020-2773; 2020-2774; 2021-0030; 2021-0897
Union# G-127-20-BOW; G-104-20-BOW; G-072-20-BOW;
G-021-21-BOW; G-057-21-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
(Dosen) Union
- and -
The Crown in Right of Ontario
(Metrolinx) Employer
BEFORE Randi H. Abramsky Arbitrator
FOR THE UNION Saman Wickramasinghe
Ursel Phillips Fellows Hopkinson LLP
Counsel
FOR THE EMPLOYER Daniel Fogel
Hicks Morley Hamilton Stewart Storie LLP
Counsel
HEARING April 2, 2024
- 2 -
Decision
[1] The Crown Employees’ Collective Bargaining Act (CECBA) provides that all
differences arising from a collective agreement relating to Crown employees
(defined therein) will be arbitrated by the GSB. Part II of CECBA deems the
Ontario Labour Relations Act, 1995 to form part of CECBA, subject to certain
stipulated modifications. Section 48(12) of the Labour Relations Act is
incorporated into CECBA. That provision provides, in relevant part, as follows:
Section 48(12) Powers of arbitrators, chair of arbitration boards, and
arbitration boards.
An arbitrator or chair of an arbitration board, as the case may be, has
power,
(a) …
(b) to require any party to produce documents or things that may be
relevant to the
matter and to do so before or during the hearing;
(c) …
(d) to summon and enforce the attendance of witnesses and to compel
them to give oral or written evidence on oath in the same manner as a
court of record in civil cases;
(e) ….
[2] Section 53 of the Rules of Civil Procedure also provides for the summons of a
witness to attend a trial and to produce documents. Section 53(7) provides for
sanctions for the failure to obey a summons. Those sanctions are referenced in
the Board’s summons form.
[3] It is not permissible for a witness to refuse to comply with a summons issued by
the Board.
In light of the foregoing, it is hereby ORDERED that Mr. Homer Anderson attend
the hearing in the above-captioned matter, on May 24, 2024.
Dated at Toronto, Ontario this 23rd day of May 2024.
“Randi H. Abramsky”
Randi H. Abramsky, Arbitrator