Amalgamated Transit Union - Local 1587 v. The Crown in Right of Ontario, 2010 CanLII 18879

GSB#2009-1803

Union# G-4609-BO

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Amalgamated Transit Union - Local 1587 (Farrell)

Union

• and -

The Crown in Right of Ontario Metrolinx (GO Transit)

Employer

BEFORE

Loretta Mikus

Vice-Chair

FOR THE UNION

Ian Fellows Green & Chercover Counsel

FOR THE EMPLOYER

Glenn Christie Hicks Morley Hamilton Stewart Storie LLP Barristers and Solicitors

HEARING

March 8, 2010.

Decision

1At the hearing on March 26, 2010, an issue arose concerning the issuance of a summons by the Board, the delivery of the documents requested in the summons to counsel of the Employer and the failure of the Employer to produce those records to the Union before the next day of hearing. The Union requested an adjournment to consider its position with respect to these issues and both parties requested an Order from the Board in respect of the production of documents. It is therefore the Order of the Board that:

1. The Employer will provide the Union in advance of the next day of hearing with a copy of the Summons to Rogers that is at issue.

2. The Employer will provide to the Union at the same time the details of any communication between Rogers and the Employer staff or his delegates in respect of that summons.

3. The Employer will provide the Union with details concerning the date the summons was served and the date the documents were received by Employer counsel.

4. For purposes of this issue only, the Union may confer with the grievor but may not discuss any of the evidence proffered to date.