GSB# 2021-0716; 2021-0717; 2021-0718; 2021-0719; 2021-0720

Union# G-049-21-BOE; G-045-21-BOW; G-044-21-BOW; G-048-21-BOW; G-046-21-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 (Pelley et al)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Simon Blackstone Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Bonnie Roberts Jones Hicks Morley Hamilton Stewart Storie LLP Counsel

CONFERENCE CALL

August 22, 2024

Decision

1This case has a long history. An arbitrator at the GSB issued a decision on July 20, 2023 which was appealed to the Divisional Court. The Court issued a decision dated April 2, 2024 quashing the decision of the arbitrator and remitting the matter back to the GSB to be heard by a different arbitrator. I am the arbitrator agreed to by the parties.

2Leave to appeal to the Court of Appeal has been sought but the parties do not yet know if leave will be granted, or when any appeal might be scheduled.

3An issue has arisen with regard to the scheduling of the case. We are looking at scheduling the case next summer in June or July.

4Counsel for the Employer has taken the position that she will only agree to dates being scheduled on the condition that any appeal, if held, happens before those dates. If the union does not agree to that condition, she has indicated that she will not agree to any dates being set until the appeal is heard.

5Counsel for the union argues that dates should be set in the normal fashion. He points out that we should know long before next summer if leave is going to be granted and will likely know if and when the appeal will be heard. If the appeal has not occurred prior to the dates that have been set, the parties can either agree to adjourn the dates, or the issue with regard to an adjournment can be argued at that time.

6I agree with counsel for the Union on this issue. I see no reason to deviate from the normal procedure for the scheduling of dates at the GSB. Accordingly, dates will be scheduled in the normal fashion and should either party seek an adjournment of the dates, that too will be handled in the usual way.

7The GSB will be in touch with the parties to schedule the dates.