GSB#2019-0001

UNION# G-010-19-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 (McGibbon)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Sheri Price

Arbitrator

FOR THE UNION

Kassia Bonisteel Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel

TELECONFERENCE

November 12, 2019

Decision

1The grievance before the Board is a termination grievance arising from two workplace investigations into the Grievor’s conduct. The union is seeking disclosure of the investigation files for both investigations.

2Pursuant to Section 2(1) of the Crown Employees Collective Bargaining Act, 1993 S.O. 1993, c. 38 and Section 48 (12) (b) of the Labour Relations Act, 1995, S.O. 1995, c.1, Sched. A, I order the following:

1. The Employer is ordered to disclose the investigation reports and any documents collected or created as part of the investigation into the allegations in a complaint from R.A. in 2018.

2. The Employer is ordered to disclose the investigation report and any documents collected or created as part of the investigation into the allegations in a complaint from A.K. in 2018.

3. The Employer will produce the documents to the Union's counsel subject to the following conditions:

i. The documents will only be used for the purposes of this arbitration;

ii. The documents will only be viewed by Union counsel, her adviser(s) in this arbitration, the grievor, and any witnesses or persons identified as potential witnesses by Union counsel to the extent required for the purposes of arbitration. The grievor and any witnesses or persons identified as potential witnesses by Union counsel who view any of the documents will be advised by Union counsel of the requirement to maintain the strict confidentiality of all of the contents of the documents;

iii. There will be no photocopying of the documents except as may be required for preparing for the hearing, and all copies of the documents shall remain in the possession of Union counsel;

iv. The documents will not be shared electronically. The documents produced, including any and all copies made, will be destroyed upon the conclusion of this proceeding. The only exception will be documents that are exhibits in the hearing and the copy in Union counsel’s file.