GSB#2016-0614, 2016-1782, 2016-2197

Union#033-16-I&IT, G-69-16-IT, G-106-16-IT

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 - GO Transit)

Employer

BEFORE

Peter Chauvin

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

HEARING

April 4, 2017

Decision

1The parties have chosen me to be the Vice-Chair regarding the grievances in GSB File Nos. 2016-0614 and 2016-1782.

2GSB File No. 2016-2197 has not yet been assigned to a Vice-Chair.

3The Union has brought a motion under Rule 3 of the GSB’s Rules of Procedure to have all three of these files heard together, by me. The Employer opposes this motion and submits that these three files should not be heard together.

4The parties agree that all three of the grievances pertain to a single department of Metrolinx, being I&IT Support Services, and that one supervisor within that department has some connection with all three of the grievances. The Union submits that at least in a broad sense all three of the grievances pertain to the assignment of duties, and possibly the changing of job descriptions for certain classifications. The Union also submits that the three grievances should be heard together because doing so will jointly disclose an improper pattern of conduct that may not be observed if the grievances are heard separately by different Vice-Chairs. The Employer maintains that there is no such pattern of conduct, and no violations of the collective agreement. These allegations regarding the merits of these grievances cannot be addressed or resolved through this motion.

5Having heard the submissions of the parties, I am satisfied that the three grievances have a question of law or fact in common. Also, hearing the three grievances together will create efficiencies with regard to the calling of evidence, and will avoid the unnecessary costs and delays, and the possibility of inconsistent findings of fact and rulings, that could be incurred if the three grievances are heard separately, and by different Vice-Chairs. Hearing the three grievances together will save the public and the parties money, and will contribute to the orderly, efficient and most proper disposition of all of the grievances. Finally, I am satisfied that the motion has been brought for proper reasons and in good faith, and that hearing the three grievances together will not result in prejudice to the Employer.

6Accordingly, I rule that GSB File Nos. 2016-0614, 2016-1782 and 2016-2197 will be heard together, consecutively, by me, in the following manner and order:

A. By April 25, 2017 the parties must exchange particulars, production and their issues in dispute regarding each of the three grievances.

B. By May 12, 2017, any disputes regarding particulars or production must be resolved, with the prior assistance of Vice-Chair Chauvin, if necessary.

C. By May 26, 2017 the parties must provide Vice-Chair Chauvin with their partial or full agreed upon facts, and their facts that remain in dispute, regarding each of the three grievances.

D. On May 31, 2017 the parties will engage in mediation with Vice-Chair Chauvin regarding all three of the grievances.

E. Any grievances that are not resolved on May 31, 2017 will be arbitrated before Vice-Chair Chauvin. The parties are directed to obtain Vice-Chair Chauvin’s available dates and attempt to agree upon two continuation dates, in addition to and after May 31, 2017, for this matter. Failing such agreement, the parties can contact Vice-Chair Chauvin to arrange those two continuation dates.

F. On the continuation of this matter, after May 31, 2017, the grievances that have not been settled will be heard by Vice-Chair Chauvin in the following order: First, GSB File No. 2016-2197; Second, GSB File No. 2016-1782, and; Third, GSB File No. 2016-0614. Further mediation may be conducted at these hearings by Vice-Chair Chauvin, at his discretion.

G. The evidence heard in any one of the grievances shall also be evidence in the other grievances.

H. Vice-Chair Chauvin has the discretion to not release a Decision regarding one or more of the grievances prior to commencing to hear another grievance.

I. Vice-Chair Chauvin is seized of this matter and may amend the timelines set out above, and make other rulings, as he sees fit.