County of Essex (Essex Windsor EMS) v. CUPE, Local 2974.2, 2026 CanLII 42543 (ON LA)
Derek L. Rogers, Arbitrator — May 10, 2026
CUPE challenged Essex Windsor EMS’s revised part-time scheduling policy, alleging that the new exemption-based model conflicted with the collective agreement. Before the merits could be heard, the arbitrator had to decide what documents and particulars the parties were required to produce.
Background
The grievance alleged that the County had made significant changes to its part-time availability policy and altered the scheduling structure for part-time paramedics. The Union sought a declaration that the policy was null and void to the extent it conflicted with the collective agreement, and a return to scheduling under the prior Article 15.02 framework.
Before the change, part-time paramedics specified the shifts for which they were available. Under the new policy, part-time paramedics identified shifts for which they wished to be exempted, and the Employer decided whether those exemption requests would be granted.
The production dispute focused on documents relating to master schedules, denied exemption requests, communications with employees who resigned or raised mental-health concerns, and particulars of the factual matrix surrounding the availability language.
Decision
The arbitrator declined to order production of the Union’s requested master schedules, exemption-request documents, and certain employee communications. He found those requests were not arguably relevant to the central policy grievance about the alleged impermissibility of substituting the current scheduling scheme for the previous one.
However, the arbitrator accepted that both parties needed to particularize the contextual evidence they intended to rely on. He directed the Employer to provide particulars of contextual evidence concerning the 2011 introduction of the part-time availability process and later changes to the availability protocols. He also directed the Union to provide particulars of its position on the factual matrix and on instances where availability protocols had been altered with or without its consent.
The parties were ordered to produce all documents on which they intended to rely in connection with the grievance. Production and particulars were to be completed before the next hearing date.