- August 23, 2022 – Local 113 and TTC met today for Day 1 of the Mandatory Vaccination arbitration. Both parties made detailed opening statements setting out their positions. Local 113 asserts the Policy is an unreasonable exercise of management rights, and is contrary to the collective agreement, the Charter of Rights and Freedoms and the Human Rights Code.
Following opening statements, the TTC argued a preliminary objection regarding the admissibility of Local 113 evidence from individual members. Both parties made legal arguments regarding the relevance and admissibility of the evidence. The Arbitrator gave a bottom line decision and denied their objection. The evidence will be admitted.
- September 1, 2022 – Local 113 attended arbitration on the Mandatory Vaccination grievance. TTC made preliminary motions that the evidence presented at arbitration be limited to events prior to January 28, 2022, and that the hearing be split into two phases – the question of the reasonableness of the policy and separately – any remedy if we are successful.
Local 113 opposed both motions, arguing that full evidence was required to understand the context of the unreasonable nature of the policy. Arbitrator Harris reserved his judgement on these motions. We would expect his interim judgment on these motions in the coming weeks.
- October 13, 2022 – The Mandatory Vaccination Arbitration continued on October 13, 2022. The Commission called their first witness, the TTC’s Chief Safety Officer, and Local 113 completed its cross-examination. The matter will continue on November 8, 2022.
- November 8, 2022 – Local 113 returned to arbitration regarding the TTC’s mandatory vaccination policy today. On the last day, the union’s counsel cross-examined Betty Hasserjian, the Chief Safety Officer for the TTC. Today, the TTC completed it’s re-examination of Ms. Hasserjian, completing her evidence. The arbitration resumes on December 1, 2022 at which time the union counsel will cross-examine Meghan Rogers, the former Director of Employee Relations of the TTC.
- December 1, 2022 – The mandatory vaccination arbitration continued on December 1, 2022, and Local 113 completed cross-examination of employer witness Meghan Rogers. The case will continue Dec. 20.
- December 21, 2022 – The hearing regarding the mandatory vaccination policy grievance resumed today. The Union fully argued its objection to the admissibility of a portion of the evidence of the TTC’s witness, Dr. Vinita Dubey. The arbitrator reserved his decision and will release it before the next hearing date. The hearing will continue in Feb 2nd 2023.
- February 2, 2023 – Today the Union cross-examined one of the TTC’s expert witnesses, Dr. Vinita Dubey. Dr. Dubey is an Associate Medical Officer of Health at the City of Toronto. Her evidence was primarily concerned with the City’s response to the pandemic, as well as Toronto Public Health’s recommendations. The hearing adjourned and will continue later this year with the cross-examination of the TTC’s final witnesses. The hearing adjourned and will continue later this year (Nov 7, 2023) with cross-examination of the TTC’s final witnesses.