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

DECISION

1This matter has been presented here by the Parties pursuant to s. 22.16 of their Collective Agreement.

2The 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.

3The 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.

4There have been three earlier decisions in this matter, dated December 5, 2017; November 18, 2019 and November 2, 2020.

5In 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.

6As 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.

7However, 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.

8Although 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).

9After 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.

10Accordingly, 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.

11This decision is without precedent to any other matter between the Parties.

12I 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.

13I remain seized with respect to the outstanding grievances.