GSB# 2020-1876

UNION# G-065-20-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 (Malliaros)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Matthew Wilson

Chair

FOR THE UNION

Andrea Wobick Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Lauri Reesor Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

June 17, 2022 (By videoconference)

DECISION

1I have been appointed pursuant to the collective agreement between the parties to hear a grievance filed by the Union on behalf of its member, George Malliaros, claiming that the Employer failed to accommodate him. A video conference call was held on June 17, 2022 to determine certain procedural issues in advance of the hearing scheduled for June 28, 2022.

In order to facilitate the efficient litigation of this grievance, I make the following order regarding the production of documents and the provision of particulars:

(1) The Employer is ordered to produce a copy of the grievor’s Metrolinx Occupational Health and Wellness File to Union counsel who will then review the file and produce to Employer counsel all arguably relevant documents and identify any documents that are refused to be produced setting out the reasons for the refusal.

(2) The Union is ordered to produce the following:

(a) all arguably relevant documents to the Union’s position in respect of the Grievance, including but not limited to those documents upon which it intends to rely at the hearing;

(b) a full and complete copy of all records, medical reports, appointment confirmations, progress notes, nurses’ notes, reports or diagnostic tests, medical opinions, clinical notes or other documents or information that are arguably relevant to the Grievor’s claimed medical inability to wear a mask consistent with Metrolinx’s policy;

(c) copies of any and all relevant emails, notes, text messages, documents or other communications between: the grievor and his manager or supervisor; the grievor and the Health and Wellness team; and the grievor and his union representatives that may be relevant to the grievor’s claim to not be able to wear a mask and his leave of absence for the period July to August 2020.

(3) The Union is also ordered to provide full particulars and all arguably relevant documents related to the nature of the mask (as described in the Employer’s April 12, 2022 letter), how it addressed the grievor’s alleged medical needs and/or was consistent with the claimed medical inability to wear a mask as claimed in July 2020.

2I was also advised that the grievor recently had surgery that may impact his ability to participate in the hearing. I order the grievor to confirm to the Union that he is able to attend and participate in the video hearing by June 23, 2022.

3I remain seized.