Amalgamated Transit Union - Local 1587 v. The Crown in Right of Ontario (Metrolinx), 2023 CanLII 115168

Grievance Settlement Board

GSB# 2021-2043

Union# G-101-21-COR

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)

Employer

BEFORE

Matthew R. Wilson

Chair

FOR THE UNION

Dean Ardron Adriana Zichy Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Andrew Zabrovsk Mornelle Lee Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

November 9, 2023

Decision

1I have been appointed to hear this matter concerning individual and policy grievances arising from the Employer’s Mandatory Vaccination Policy (“MVP”), under which the Employer placed a number of bargaining unit employees on an unpaid leave of absence on November 1, 2021, for being non-compliant with the MVP (the “Grievors”).

2The Union has requested pre-hearing disclosure of certain documents and materials related to these Grievors. The parties agree that these documents are arguably relevant to this matter, including those that contain private, sensitive and/or confidential information of individual Grievors that hold an expectation of confidentiality and have not consented to these documents being disclosed to third parties.

3I hereby exercise my authority pursuant to section 48(1) of the Labour Relations Act, 1995, to order disclosure of the following documents and materials, subject to the conditions outlined in this Order.

1. All non-privileged documents in the Employer’s possession that relate to Individual exceptions to the vaccination mandate requested under the grounds of creed or disability by the following individuals:

(i) Jan Zachemski;

(ii) Kristen Jones;

(iii) Christopher Bays;

(iv) Peter Fletcher;

(v) Darryl Kaslove;

(vi) Matthew DeBeaupre;

(vii) Blaze Eskrick;

(viii) Denise Lake;

(ix) Legend Eskrick;

(x) Noel Walker;

(xi) Daniel Goodwin; and,

(xii) Earl Greer.

2. The production of the documents pursuant to paragraph 1 above will be subject to the following conditions:

a) Counsel for the Employer will send the documents to counsel for the Union in electronic format. Counsel for the Union will be permitted to make a physical copy of all documents for their use (and any additional copies as necessary for use by any Union co-counsel). Electronic documents will not be forwarded, save and except as per 2(b).

b) Counsel for the Union will be permitted to forward the documents in electronic format to Union advisors on the condition that the Union advisors (i) will not show the documents to anyone for any purpose other than preparation for arbitration and, (ii) will not discuss the contents of the documents with anyone other than Union counsel, the Grievors, Union representatives or other persons for any purpose other than preparation for arbitration, and (iii) will undertake to delete any and all electronic and physical copies of the documents produced at the conclusion of the hearing.

c) Any third party in receipt of information contained in these materials is to keep such information strictly confidential and not otherwise share such information.

d) At the conclusion of the hearing, all copies of the documents created by Union counsel in compliance with this Order will be destroyed except for a copy of the documents that Union counsel will retain in their files.

3. The Employer is directed to make best efforts to comply with this Order by no later then the hearing date scheduled for this matter on Wednesday, November 15, 2023. Any outstanding issues concerning production, either generally or arising from this Order, may be addressed with me at that time.

4The parties agree that this decision will have no precedential value in any other matter.