2020 – EMS Grievances

Do not presume or self interpret any information below for the means of practice of personal conduct.  If you have any questions regarding a grievance or policy issue, please contact one of your Union representatives.  Hit the arrows to expand for more info.


2020-11-14 - Policy Grievance Re. Refusal to Produce Worked Schedule
Status: Withdrawn – Document has been provided.
Synopsis: The employer has refused to provide the Union executive with a copy of the live schedule as guaranteed by the Collective Agreement.  

 

2020-11-13 - Group Grievance Re. Internal Hiring Practices
Status: Denied at step 2, negotiating possible settlement
Synopsis: This group grievance is in conjunction with the policy grievance 2020-11-30B. The employer has improperly denied several members proper consideration for a job posting without just-cause and in violation of the Collective Agreement

 

2020-11-06A - Personal Grievance Re. Improper candidate selection process
Status: Settlement Reached – A satisfactory remedy has been successfully negotiated and finalized and this grievance is now closed.
Synopsis: The employer has engaged in hiring practices that are in violation of the collective agreement by going outside of seniority in the candidate selection process
Settlement: The employee has been remedied to an extent satisfactory to all parties.

 

2020-11-06B - Policy Grievance Re. Offering specialized training outside of seniority
Status: Denied at Step 2. moving forward at this time.
Synopsis: The employer has offered specialized training to bargaining unit members, outside of seniority, which carries with it positional opportunities.

 

2020-10-30A - Personal Grievance Re. Discriminatory Dismissal
Status: Settlement Reached – Grievance closed
Synopsis: An employee was dismissed due to “exhaustion of contract”, however the Union believes this practice to be discriminatory based on various, specific conditions.
Settlement: An agreement was reached that was satisfactory to the Grievor and therefore the union has closed this grievance.  The terms and conditions of the settlement are confidential between the parties involved.

 

2020-10-30B - Policy Grievance Re. Internal Hiring Practices
Status: Settled – Withdrawn 
Synopsis: The Employer has engaged in practices that can potentially be viewed as discriminatory in its application, as they have denied the consideration of applicants for an internal posting based on reasons that are in violation of the Collective Agreement.
Settlement: The employer will more clearly define the application requirements in regards to the need of an accurate, up to date resume/application for internal postings.

 

2020-07-17A - Personal Grievance Re. Investigation without representation
Status: Settled – Withdrawn
Synopsis: An employee was contacted by a member of management and questioned regarding an issue that could potentially lead to discipline, without being offered Union representation.  Throughout discussion on possible resolutions, the employer refused to acknowledge this occurred and therefor a grievance was needed to properly address this concerning action.
Settlement: The employer has agreed to notify the Union President prior to conducting any and all “wellness checks”.

 

2020-07-17B - Policy Grievance Re. Meal break time entitlement
Status: Denied at Step 2, Moving forward to arbitration.
Synopsis: The employer does not believe employees are entitled to a 30 minute lunch break once the meal period has been classified as “missed”.  The 30 minute break is still the responsibility of the employer to provide and the “missed” classification is for compensation purposes only for not having been given the break in the appropriate time frame.

 

2020-07-17C - Policy Grievance Re. Meal claim denials
 Status: Denied at Step 2, Moving forward to arbitration.
Synopsis: The employer has wrongfully denied meal claims due to the fact that the District Chief was not contacted prior to the 5th hour (or 10.5 of a 12 hour shift) to advise them you were due your break.  There is no obligation under the Collective Agreement to contact the DC prior to these periods.
Settlement: No meal claim will be denied if the employee did not contact the DC at times outside of that listed within the letter of understanding.

 

2020-04-27A - Personal Grievance Re. STD coverage part-time employees
Status: Successful negotiation at step 1.  Grievance has been withdrawn without precedence or prejudice.
Synopsis: The employer maintains that when a part-time employee is off on STD, they are only obligated to cover that employee for shifts scheduled.  There is an agreement between the union and employer to schedule part-time employees 6 months in advance however this is not being followed and an employee has been negatively affected as a result.
Settlement: The employer has agreed to reimburse this individual employee for time lost and the parties will be meeting to negotiate the terms in order to prevent this from happening again in the future.

 

2020-04-08A - Group Grievance Re. Discipline without representation
Status: SETTLEMENT REACHED – Withdrawn
Synopsis:  The employer has made regular changes to the policy OPE-72, regarding the requirement to be clean shaven.  Since this heightened enforcement began, there has been an inconsistent administration of the policy with multiple members being issued discipline and sent home without being offered union representation.
Settlement: All affected members have had their discipline rescinded and made whole as per the Collective Agreement.

 

2020-03-30A - Group Grievance Re. Pelee Island Per Diem
Status: SETTLEMENT REACHED
Synopsis: In the collective bargaining process of the 2017-2019 Collective Agreement, there was an achievement gained in adding a $20 Per Diem for all employees working on Pelee Island for each 24 hour period of work.  The employer failed to implement this payment coding and no per diem payments were ever made to staff.  This error was not realized by staff attending Pelee until March of 2020.  The employer took the position that based on case law, they were only obligated to rectify the issue back to the signing of the most recent collective agreement, which was June of 2019.  The union filed this grievance in order to recoup payment for staff from April 2017 – June 2019.
Settlement: The parties agreed to a modified level of payment for the time period in question.  All affected members have been notified as to their entitled retro payment for the period of April 1st 2017 – June 2019.

 

2020-03-30B - Policy Grievance Re. Change to Attendance Wellness Policy
Status: Denied at step 2 hearing, advancing to arbitration.
Synopsis: The employer has made changes to the Attendance Wellness Policy requiring employees to now not exceed occurrences for 6 months rather than a quarter, in order to drop a level or to be removed from the program.  There has been no expressed need for this change as attendance levels have not been at a level of any concern.

 

2020-03-13B - Policy Grievance Re. Obstruction of Union official required work
Status: SETTLEMENT REACHED – Withdrawn
Synopsis:  The Collective Agreement allows for a union representative, when acting in their official capacity, to be granted reasonable time free from work for the purpose of the investigation and filing of any grievance.  This approval shall not be unreasonably withheld, however the employer has denied this practice without providing adequate reasoning.
Settlement: The employer has agreed to recognize this right as per the collective agreement.

 

2020-03-13A - Policy/Group Grievance Re. Excessive working hours
Status: SETTLEMENT REACHED – Withdrawn
Synopsis: Members were placed in a situation where they were forced to work in excess of 18 continuous hours, which carries with it severe health and safety ramifications. We will be seeking an agreement that acknowledges this is to not be permitted as well as appropriate remedies to the individuals involved.
Settlement: The affected members have been made wholes and an SOP on “Out of Region Interfacility Transfer” has been established and issued to staff and allied agencies./expand]

 

2020-02-25A - Personal Grievance Re. Non payment for medical leaveStatus: Denied at step 2.  Moving forward, potentially too arbitration.
Synopsis: An employee was off of work on medical leave with medical documentation provided and the employer withheld the STD payment of 80 hours.  We will be seeking full payment for this member.

 

2020-01-31A - Policy Grievance Re. Modified work wage reduction
Status: Withdrawn/Settled. A satisfactory settlement has been reached/finalized.
Synopsis: The employer has enacted a policy where they reduce the wages of employees off of regular work and on modified duties after a period of 12 weeks.  This occurs regardless of being on WSIB, STD, or LTD.  The union maintains this to be in violation of the Collective Agreement and Human Rights code.
Settlement:  The employer has now agreed to the unions position that employees will be paid their regular paramedic wage for the full 15 week STD duration (dependant on seniority, as per a19.08 of the CA).

 

2020-01-31B - Group Grievance Re. Modified work wage reduction
Status: Withdrawn/Settled. A satisfactory settlement has been reached/finalized. Synopsis: This is the group grievance for the members effected by the above outlined policy where as we have had members whose wages have been dropped while on modified duties to that of the position they are placed in by the employer after a period of 12 weeks.
Settlement: This grievance is attached to the above grievance (31A) wherein the employer has now agreed to pay employees while on modified duties for the full 15 week duration, in conjunction with our STD benefits (Subject to seniority as per a.19.08 of the CA).

 

2020-01-29A - Policy Grievance Re. Exhausting STD banks
Status: Successful resolution reached at step 1. Grievance has been withdrawn without precedence or prejudice
Synopsis: The employer has exhausted STD banks of employees, despite them being on approved WSIB claims.  Employees should still be allotted their full STD coverage should a secondary injury occur, however this is not being permitted.
Settlement: The employer has agreed to cease in the practice of draining STD banks while an employee in on a WSIB claim.

 

2020-01-24E - Personal Grievance Re. Improper accommodation practice
Status: Withdrawn at the request of the Grievor.
Synopsis: A member was improperly accommodated and asked to perform duties that were outside of their medical restrictions, were not properly offered a RTW meeting with union representation and were exposed to improper working conditions.

 

2020-01-24F - Personal Grievance Re. Draining STD bank while on WSIB
Status: Successful resolution reached at step 1. Grievance has been withdrawn without precedence or prejudice.
Synopsis: The employer has drained STD bank despite a member being on an approved WSIB claim.
Settlement: The employer has agreed to cease the practice of draining STD banks while an employee is on WSIB

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