Amalgamated Transit Union - Local 1587 (Popov) v. The Crown in Right of Ontario (Metrolinx), 2024 CanLII 8292

GSB# 2021-1521

Union# G-087-21-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 (Popov)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Barry Stephens

Arbitrator

FOR THE UNION

Anne Cumming Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Daniel Fogel Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

January 11, 2024

Decision

1The Employer seeks an order for production to follow up from my previous order dated November 24, 2022. A hearing was held on January 11, 2024, for the parties to make submissions on the Employer’s motion for production. After hearing from the parties, I issue the following order:

1. Health and Wellness File. The grievor is to provide the necessary consents forthwith in order that the employer can gain access to the grievor’s Metrolinx Health & Wellness department file.

2. Other Medical Information.

a. The union is to provide all yet undisclosed clinical notes and records including, but not limited to, those listed in paragraph 2 of the employer’s letter of December 1, 2023.

b. The union will also provide the medical documentation of Dr. Sol E. Sax, who is referenced in the Oncidium file.

c. The union will also provide the medical documentation from Wellpoint Health Ltd., which is referenced in the Oncidium file.

d. The union will provide an update of the medical documentation of Dr. Joseph Y. Chu and Dr. Ginette Moore since February 2023.

e. The union will provide an update of the Manulife file, if any, since it was last disclosed.

f. The union is to provide any updates to medical information with respect to medical care from any source already produced to the employer.

g. Counsel may discuss directly and reach agreement upon any redactions to be made from the above files.

3. Prescription Information. The grievor’s prescription records from August 2020 to the present.

4. EI/CPP Information. The union will provide the grievor’s CPP file for any statutory disability benefits claimed under the program. In addition, the union will provide particulars explaining the 15-week duration of the grievor’s EI claim.

5. Particulars re Disability. The union will provide the employer with particulars and any related documentation with respect to the specific disability or disabilities on which the grievor seeks to rely with respect to his claims against the employer.

6. Particulars re Accommodation. The union is to deliver particulars and any related documentation to the employer setting out the accommodation(s) and/or accommodated positions alleged not to have been provided by the employer.

7. Particulars re Training. The union is to provide the employer with particulars and any related documentation as to the grievor’s training as an Elevator Mechanic at Durham College, including but not limited to:

a. the attendance requirements throughout, i.e. days per week, hours per day, including any co-op placement, lab work or other elements of the program;

b. job descriptions related to any co-op placements and the nature of the work involved;

c. details of the grievor’s involvement in any lab(s), co-op placement(s), other practicum component of the program, and the Program Advisory Committee (PAC), Elevating Devices, Durham College.

8. Mitigation. The union is to provide particulars and related documentation with respect to any mitigation of damages related to the grievor’s search for alternate employment or self-employed income from August 2020 to present date. Related documentation includes but is not limited T4s and Income Tax Returns for the period in question.

9. Timing. The above orders which do not require disclosure from third parties are to be fulfilled by January 31, 2024. The disclosure from third-parties is to be sought forthwith. The parties have scheduled a conference call with me for 9:00 a.m. on February 8, 2024 to assess the progress of the third party disclosure. I note that some of the above captures material covered by the Board’s order dated November 22, 2022. The union and the grievor are advised that it is necessary and important to respond properly to the orders of the Board, and that any further failure to comply with such orders may have an impact on the litigation of this matter.

2None of the above affects the right of either party to seek disclosure of other information should it prove appropriate during the rest of the hearing process, nor do I make any findings about the actual relevance of any of the information touched on above. I note the employer reserved the right to argue that the union unnecessarily delayed the litigation of this case by failing to comply with the order dated November 24, 2022.