GSB# 2021-0951

UNION# G-069-21-BOE

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Amalgamated Transit Union - Local 1587 (Ferguson)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Kim Bernhardt

Arbitrator

FOR THE UNION

Andrea Wobick Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Lauri Reesor Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

March 7, 2022

DECISION

1“The Union is to produce the following items to the Employer no later than June 30, 2022:

1. Copies of all arguably relevant medical and paramedical documents/file documents including test results, treatment plan, supporting clinical notes and other reports in respect of any medical condition that has led to the Grievor’s need for accommodation relating to the mandatory mask requirement and/or inability to work. This includes any medical practitioners who Miss Ferguson sought treatment and/or notes from in support of her need for accommodation.

2. A copy of all arguably relevant documents from Miss Ferguson’s Oncidium file including any test results, treatment plan, clinical notes, reports and information provided by Miss Ferguson’s treating practitioners.

3. A copy of all arguably relevant documents from Miss Ferguson’s Health and Wellness file.

4. A copy of the supporting documents for the Family Caregiver Leave for which she declined the offered November 2021 accommodated position.

5. Confirmation of her compliance with the mandatory vaccination policy.

6. Confirmation of any new restrictions precluding her return to work now or any new required accommodations.”