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

Lauren Chang-McLean Metrolinx Counsel

HEARING

March 27, 2020 (by teleconference)

Decision

1I convened a conference call in this matter on March 27, 2020 to address the Employer’s submission that, due to various obstacles arising as a result of the current Covid-19 health crisis, it is unable to fully comply with a previous Order that was issued in this matter and its request that the Order be varied accordingly. I also addressed the fact that the hearing cannot proceed in person on April 8 and 9, 2020, as previously scheduled, due to the Covid-19 health crisis.

2Having heard the submissions of the parties, I hereby vary the previous Order in this matter as follows:

1. By no later than March 31, 2020, the Employer will advise the Union of four of the witnesses it intends to call when the hearing in this matter reconvenes, as well as particulars of any of those witnesses’ anticipated evidence that is relevant to the Employer’s request that the grievor be awarded damages in lieu of reinstatement, in the event that just cause for discharge is not proven.

2. By no later than April 3, 2020, the Employer will advise the Union of any other witnesses it intends to call, as well as particulars of such witnesses’ anticipated evidence relevant to the above-noted "damages in lieu of reinstatement" request.

3. The Union will advise the Employer as soon as possible, following receipt of the above, if it intends to object to any of the particularized evidence when the hearing reconvenes, on the basis that it relates to pre-discharge incidents on which the Employer is allegedly not permitted to rely.

4. This Order does not preclude the Union from requesting further particulars relating to the above-noted information to be provided by the Employer, which requests will be dealt with if and when they are made.

5. To the extent that it has not already done so, the Union will provide the Employer with particulars of any amounts earned by the grievor since the termination of her employment by March 31, 2020.

6. There is no dispute that this matter cannot proceed in person on April 8 or 9, 2020, as previously scheduled, due to the current Covid-19 health crisis in Ontario. However, the Board will convene a further conference call in this matter on April 1, 2020 at 2:30 p.m. to address whether the hearing will proceed remotely by videoconference on the previously scheduled dates of April 8 and 9, 2020, or alternatively on April 14, 17 and/or 18, 2020, or whether the Employer is seeking an adjournment of the scheduled hearing dates, subject to the parties’ agreement to use the morning of April 8, 2020 for mediation.