Amalgamated Transit Union - Local 1587 (Kelley) v. The Crown in Right of Ontario (Metrolinx), 2026 CanLII 42835

GSB# 2025-00008

Union# G-030-25-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 (Kelley)

Union

• and -

The Crown in Right of Ontario (Metrolinx)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Kassia Bonisteel Ursel Phillips Fellows Hopkinson LLP Counsel

FOR THE EMPLOYER

Nadine Zacks Hicks Morley Hamilton Stewart Storie LLP Counsel

HEARING

April 9, 2026

Decision

1This is a discharge grievance. It relates in part to an incident on February 4, 2024. The Union alleges the Employer’s decision to terminate the Grievor was without cause and discriminatory.

2On the agreement of the parties, this award and any other award in these proceedings, to the extent reasonably possible will not include information which would serve to identify any employee in the bargaining unit represented by the Union, with the exception of the Grievor.

3The Union sought production of certain documents. Having considered the representations of the parties, I order the Employer to produce:

All communications between the complainant and any other witnesses or potential witnesses, including but not limited to, the two individuals on the bus on February 4, 2024.

4Production of these and any other documents in this proceeding is subject to the following conditions:

a) The parties to the arbitration are directed:

i. to comply with the following directions;

ii. to direct their agents, officers, employees and counsel comply with the following directions; and

iii. to obtain the agreement of any third party to whom they might properly give any of the documents that such third party shall comply with the following directions.

b) With respect to the use of documents produced for inspection, all parties are directed to follow these requirements:

i. all documents are to be kept confidential as among the parties;

ii. no copies are to be made of any document except for the purpose of the arbitration of this grievance;

iii. no copies are to be circulated to third parties, except as necessary for the conduct of the arbitration of this grievance, and once that purpose has been completed the copies are to be retrieved from the third parties;

iv. the documents are to be used for the purposes of this arbitration only and for no other purpose;

v. prior to entering any of the records outlined in paragraph 3 into evidence, these records will be redacted to remove any identifying information of the employee;

vi. all copies of all documents are to be destroyed or returned to the provider of the documents at the conclusion of this arbitration and any judicial review proceedings arising out of the arbitration, save for one copy to be retained by each counsel in their file.