GSB# 2019-1633; 2020-2399; 2022-12123

UNION# G-82-19-SOW; G-018-20-SOW; G-143-19-SOW

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Amalgamated Transit Union - Local 1587 (Toppin)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Andrea Wobick Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

March 1 and 15, 2023 (by conference call)

Decision

1This matter concerns three grievances filed by the Union on behalf of Pedro Toppin.

2A decision was issued in connection with this matter on March 15, 2023. The March 15, 2023, decision is referred to herein as the “Production Decision.” The Production Decision concerned the Union’s failure to comply with an agreement to provide documents to the Employer no later than February 15, 2023. The Union advised that the documents had not been provided because the grievor had not responded to the Union’s attempts to contact him. By way of the Production Decision, the Union was ordered to produce the documents to the Employer no later than March 24, 2023. In addition, due to the grievor not having responded to the Union’s attempts to contact him, the Production Decision further provides:

5. The Grievor is hereby ordered to contact the Union immediately, and in the absence of compelling circumstances that prevent him from doing so, to forthwith take all steps reasonably required to facilitate the disclosure described in paragraph 4(5) above, including the execution of any consents required for disclosure from third parties.

6. In the absence of compelling circumstances that prevent him from doing so, communicated to the Union in advance, the Grievor is ordered to attend at arbitration on the next day of hearing, which is March 31, 2023.

3When the hearing of this matter commenced at 10:00 a.m. on March 31, 2023, the grievor was not in attendance. The Union advised that it had sent a copy of the Production Decision to the grievor at the email address on file with the Union. The grievor had not contacted the Union as directed by Production Decision and had not taken any steps to facilitate the production of documents or execute consents required for the disclosure of documents from third parties. The grievor had not contacted the Union in advance of the hearing to advise that he would not be in attendance. The grievor had not responded to efforts made by the Union to contact him by way of phone, email or courier.

4The Employer asked that the grievance be dismissed for abuse of process and the Union objected.

5Having regard to the grievor’s failure to attend the hearing on March 31, 2023, and his failure to provide any advance notice of his non-attendance, the grievor is ordered to contact the Union, no later than April 17, 2023, and provide an explanation, and supporting documentation, for not attending the hearing on March 31, 2023 and for not providing notice in advance of his non-attendance. The Union is to provide the explanation and supporting documentation provided by the grievor to the Board and to the Employer by no later than April 20, 2023.

6Should the grievor not respond as directed above, within the time allowed, this grievance will be dismissed.

7Should the Union provide the Board and the Employer with the grievor’s explanation for his non-attendance at the hearing and his failure to provide any notice in advance, the Employer will have until May 5, 2023 to advise the Board and the Union as to whether it accepts the grievor’s explanation and agrees to the hearing of the grievances. Should the Employer take the position that the grievor’s explanation is insufficient and ask that the grievances be dismissed without a hearing on the merits, the issue will be dealt with at the June 13, 2023 hearing date previously scheduled. The May 18, 2023 hearing date is hereby adjourned.