HomeMy WebLinkAbout2016-0984.Church et al.21-11-30 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2016-0990; 2016-0991; 2016-2507; 2017-1064
UNION# 2016-0302-0011; 2016-0302-0012; 2017-0302-0019; 2017-0302-0052
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Church et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Health) Employer
BEFORE
Joseph D. Carrier
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Counsel
HEARING September 16, 2021
-2-
DECISION
[1] This matter has been presented here by the Parties pursuant to s. 22.16 of their
Collective Agreement.
[2] The subject grievances relate to scenarios at the Central Ambulance
Communication Centre (CACC) in Oshawa. The Grievors’ duties as Ambulance
Communication Officers are largely comprised of the processing of requests for
Emergency Medical Services (“EMS”) and the dispatch of EMS resources.
[3] The grievances were filed during the 2016-2017 time period and relate to the
working conditions at the time in the Oshawa CACC. The Parties agreed to a
system of raising disputes that avoided the filing of a multitude of further
grievances.
[4] There have been three earlier decisions in this matter, dated December 5, 2017;
November 18, 2019 and November 2, 2020.
[5] In the November 18, 2019 decision, I issued orders with respect to several
representative Grievors to commit to these proceedings or to withdraw their
grievances and be replaced by other representatives. Some of those
representative Grievors committed to the grievances and have continued to
participate in the proceedings.
[6] As the dispute has crystallized, there has been a significant amount of production
provided by the Employer and, upon thorough review by the representative
Grievors, additional production was requested and this request was addressed in
the November 2, 2020 decision.
[7] However, in the intervening period, there have been changes to the working
conditions at the Oshawa CACC, which have included the hiring of additional staff
members. Therefore, the working conditions that crystallized in the dispute have
materially changed.
[8] Although the Union has identified several representative Grievors for the purposes
of this matter, for simplicity this award deals only with those grievances filed by
Amanda Usher, being one of those representatives (OPSEU # 2016-0302-
0011/GSB # 2016-0990, OPSEU # 2016-0302-0012/GSB # 2016-0991, OPSEU #
2017-0302-0019/GSB # 2016-2507, OPSEU #2017-0302-0052/GSB # 2017-
1064).
-3-
[9] After hearing the submissions of the Parties, and in light of the staffing changes at
the Oshawa CACC in the intervening period, I have determined that there is no
labour relations purpose to hearing the grievances filed by the Grievor, Amanda
Usher.
[10] Accordingly, I am dismissing all four of her grievances, any and all related disputes
she raised through the process agreed to by the Parties in this matter. .For clarity,
no decision has been made on the merits of the grievances.
[11] This decision is without precedent to any other matter between the Parties.
[12] I would like to commend the Parties for all of their hard work on this file to date,
particularly given the voluminous amount of documentation produced and
reviewed.
[13] I remain seized with respect to the outstanding grievances.
Dated at Toronto, Ontario this 30th day of November 2021.
“Joseph D. Carrier”
________________________________________ Joseph D. Carrier - Arbitrator