British Columbia Emergency Health Services v. Canadian Union of Public Employees, Local 873 (Ambulance Paramedics of British Columbia)
A union filed a grievance seeking to reverse a paramedic’s promotion and send him back to Prince George to complete his probation. The targeted paramedic argued his permanent status and promotion rights were directly at stake — and the arbitrator agreed, granting him standing to participate and present evidence on remedies.
Background
British Columbia Emergency Health Services (BCEHS) employs ambulance paramedics represented by CUPE Local 873 (Ambulance Paramedics of British Columbia). The Union filed a policy grievance alleging that BCEHS improperly promoted Dr. Andrew McLaren — a bargaining unit member — from his position in Prince George to a Critical Care Paramedic training position in Vancouver before he had completed his probationary period. The Union sought a remedy requiring Dr. McLaren to be removed from the training position, returned to Prince George, and required to complete his probation before applying for any further promotions.
Dr. McLaren applied for third-party standing at the arbitration, arguing he was directly and adversely impacted by the grievance — specifically, that a successful outcome for the Union would strip him of his permanent employee status and revert him to probationary status, affecting his employment security and eligibility for future promotions. The Employer supported his standing application. The Union opposed it, arguing Dr. McLaren had not demonstrated a “definite and significant adverse effect” as required under applicable arbitral precedent.
Issue
Should Dr. McLaren be granted third-party standing at the arbitration, and if so, what participation rights should he have?
Decision
Arbitrator Foy granted Dr. McLaren’s application for standing. The arbitrator confirmed that natural justice requires that individuals with a direct interest in arbitration proceedings receive notice and participation rights. To obtain standing, a third party must establish both that their interests are affected by the proceedings and that those interests may diverge from those of an existing party — a strict test that is only met in exceptional and limited circumstances.
The arbitrator was satisfied that both elements were met. The outcome of the grievance could see Dr. McLaren lose his permanent employee status and revert to being a probationary employee, with direct consequences for his employment security and promotion eligibility. His interests diverged from the Union’s because he took the position that he had already completed his probationary period — the exact opposite of what the Union was arguing.
Dr. McLaren was granted the right to present relevant evidence and make submissions concerning potential remedies in the event the Union’s grievance succeeded. The arbitrator also reminded all parties that the exercise of third-party participation rights is subject to the arbitrator’s control to prevent abuses of process and protect the Union’s right to a fair hearing.
Citation: 2026 CanLII 4944 (BC LA)