Ontario Public Service Employees Union (Peterson, Hill, Restorick) v. The Crown in Right of Ontario (Thames Valley Ambulance Limited), 2000 CanLII 20486

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Peterson, Hill, Restorick)

Grievor

and -

The Crown in Right of Ontario

(Thames Valley Ambulance Limited)

Employer

BEFORE Eva E. Marszewski Vice Chair

FOR THE Ed Holmes

GRIEVOR Counsel Ryder, Wright, Blair & Doyle Barristers & Solicitors

FOR THE John H.E. Middlebro'

EMPLOYER Counsel Middlebro' & Stevens Barristers & Solicitors

HEARING January 25, 2000

DECISION

By award of this Board dated August 6, 1999, I remained seized with respect to any matters which involved the implementation of the award. In that award, I found that the Employer was in breach of Article 46 of the Collective Agreement. Consequently, I found that the Grievors were entitled to proceed immediately with the opportunity for advancement in the Paramedic training and selection process and thus to attend and participate in the next scheduled training session. Implicit in the award is the principle that the grievors are to receive the same treatment as all other participants in the training and selection process. This means that the grievors will have to complete all steps successfully, including test and exams, in the certification process in order to achieve certification. In that they successfully complete the certification process, they are to be remunerated as if they had been accepted into, enrolled, and participated in and successfully completed the January 1997 program. I further remain seized with respect to any matters which involve the implementation of both of my awards in this matter, including the training and certification process.

Dated at Toronto this 2^nd day of February, 2000.