Amalgamated Transit Union – Local 1587 v. The Crown in Right of Ontario (Metrolinx – GO Transit), 2018 CanLII 119562

GSB# 2017-0808

UNION# G 071 17 TS

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

Diane Gee

Arbitrator

FOR THE UNION

Kassia Bonisteel Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Dan McDonald Norton Rose Fulbright Canada LLP Counsel

HEARING

November 2, 2018

DECISION

1This matter is a grievance in which the Amalgamated Transit Union Local 1587 (the “Union”) alleges GO Transit A Division of Metrolinx (the “Employer”) is in violation of Article 30.1 B of the Collective Agreement as a result of having issued black shirts to Transit Security Officers (TSOs) in or about June 2017 and black ties at some undefined time in the past. Article 30.1 B of the Collective Agreement indicates shirts are to be grey and ties are to be navy blue.

2The Union seeks a declaration that the Employer has violated Article 30.1 B of the Collective Agreement as well as an order requiring the Employer to replace any black shirts either issued to TSOs by the Employer or purchased by TSOs with grey shirts and a similar order with respect to the ties.

3Having regard to the submissions of the parties I find the Employer to have issued black shirts to the TSOs in or about June 2017 and to have issued black ties to the TSOs at some point in the past. I declare the issuance of black shirts to the TSOs to be a violation of Article 30.1 B of the Collective Agreement. Given positions advanced by the Employer, including an allegation of delay, I make no finding at this stage as to whether the issuance of black ties amounts to a violation of the Collective Agreement.

4It is agreed as between the parties that, in 2017, TSOs were issued six black shirts. They were required to purchase a minimum of two further black shirts in 2018. TSOs may have purchased additional black shirts. Having regard to the fact that the Collective Agreement required the shirts to be grey I hereby order the Employer, at the next issue of uniforms in 2019, to provide TSOs, in addition to what is required under the terms of the Collective Agreement, with an additional number of grey shirts equivalent to the total number of black shirts issued to and purchased by each TSO.

5I remain seized to deal with the issue as to whether the issuance of black ties to the TSOs is a violation of the Collective Agreement. Should the parties wish hearing dates to be set they will contact the Grievance Settlement Board.