GSB#2016-1433

Union#G-47-14-BOE

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Amalgamated Transit Union - Local 1587 (McCurdy)

Union

• and -

The Crown in Right of Ontario (Metrolinx - GO Transit)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Dean Ardron Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel

CONFERENCE CALL

January 24, 2017

Decision

Having hearing the submissions of counsel, and having reviewed the correspondence, documents and case law provided, I hereby order as follows:

1The Employer’s request for documents pertaining to the criminal charges & trial set out in its January 19, 2017 email will be deferred until a decision is made on the Employer’s preliminary motion to dismiss on the basis of the grievor’s probationary status.

2In regard to the Union’s request for a list of the documents over which the Employer is claiming a labour relations or other privilege, the Employer is to provide – for documents preceding the date of termination – the following:

a) The date, author, recipient(s), general subject matter & privilege claimed.

b) This information is to be provided by close of business on January 26, 2017.