IN THE MATTER OF AN ARBITRATION PURSUANT TO THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT BETWEEN: The Participating Hospitals AND CUPE, Local Unions of OCHU/CUPE Before: Appearances Scarborough Hospital (September 9 & October 6, 2015) For Scarborough: For CUPE: Rouge Valley Hospital (September 9, 2015) For Rouge Valley: (Local Issues) William Kaplan, Chair Brett Christen, Hospitals Nominee Joe Herbert, CUPE Nominee Amanda Hunter Hicks Morley Barristers & Solicitors Barbara Wilker-Frey, National Representative Tracey Pinder, Hospital Coordinator Jonah Gindin, Research Officer Erin Miller, Legal Counsel & Director of Labour Relations
29
Embed
IN THE MATTER OF AN ARBITRATION CUPE, Local Unions of … · Bass Associates Jonah Gindin, Research Officer Ryan Wood Bass Associates Michel Revelin, National Representative Tracey
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
IN THE MATTER OF AN ARBITRATION
PURSUANT TO THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT
BETWEEN:
The Participating Hospitals
AND
CUPE, Local Unions of OCHU/CUPE
Before:
Appearances
Scarborough Hospital (September 9 & October 6, 2015)
For Scarborough:
For CUPE:
Rouge Valley Hospital (September 9, 2015)
For Rouge Valley:
(Local Issues)
William Kaplan, Chair Brett Christen, Hospitals Nominee Joe Herbert, CUPE Nominee
Fran Belanger, National Representative Doug Allan, Research Officer
Lisa Kwasek Hicks Morley Barristers & Solicitors
Jan Ouzas, National Representative Tracey Pinder, Healthcare Coordinator
Robert Hickman Barrister & Solicitor
4
For CUPE:
Trillium Health (November 22, 2015)
For CUPE:
West Nipissing (November 24, 2015)
For West Nipissing:
For CUPE:
Mattawa General (November 24, 2015)
For Mattawa General:
For CUPE:
Glengarry Memorial (November 25, 2015)
For Glengarry:
For CUPE:
Royal Ottawa (November 25, 2015)
For Royal Ottawa:
For CUPE:
Norm Berthiaume, National Representative Doug Allan, Research Officer
Bob Bass Bass Associates
Jonah Gindin, Research Officer
Ryan Wood Bass Associates
Michel Revelin, National Representative Tracey Pinder, Healthcare Coordinator
Ryan Wood Bass Associates
Fran Belanger, National Representative Doug Allan, Research Officer
Dan Palayew Borden Ladner Gervais Barristers & Solicitors
Paul Boileau, National Representative Jonah Gindin, Research Officer
Caroline Richard Bird Richard Barristers & Solicitors
Danika Brisson, National Representative Connie Hurtubise, National Representative Jonah Gindin, Research Officer
5
Hamilton Health Science Centre (December 8, 2015)
ForHHSC:
For CUPE Service:
For CUPE Trades:
Mark Mason Hicks Morley
Gerry McDonnell, National Representative
Gus Oliveira, National Representative
The indicated above matters in dispute proceeded to a hearings held throughout Ontario on the dates noted in September, October, November & December 2015. The Board met in Executive Session on January 31, 2016 and February 1, 20 & 21, 2016.
6
Introduction
This Board of Arbitration was constituted under the Hospital Labour Disputes Arbitration Act to hear various local issues between the members of the participating hospitals (hereafter "the participating hospitals" and OCHU I CUPE (hereafter "the union"). The participating hospitals and the union are voluntary participants in central bargaining. They are bound by the Memorandum of Conditions for Joint Bargaining dated June 17, 2013 and the Memorandum of Settlement between Participating Hospitals and CUPE dated September 29, 2013. These two memoranda establish a collective bargaining framework in which, simply put, the parties have agreed that some issues are central and some issues are local. The central issues were resolved when the parties entered into a collective agreement expiring on September 28, 2017. Local issues negotiations between the participating hospitals and applicable union locals occurred between September 2, and December 16, 2014. This Board was consensually constituted to deal with the outstanding local issues. On July 23, 2015, the Board issued its award respecting two coordinated issues: RPN Adjustment and Mentorship. An award was also issued in respect of the William Osler Health Centre and an interim award in respect of Trillium Health (with several issues deferred pending completion of the local issues process). Moreover, and at the request of the parties, a final award was issued in respect of Hamilton Health Sciences Centre in advance of completion of the Board's consideration of the other outstanding local issues.
In considering the various issues in dispute, the Board has paid careful attention to the detailed briefs, the submissions at the hearings, and the applicable statutory criteria, as well as the guiding and important principles of replication and demonstrated need. Where inability to pay was argued, the submissions of the parties have been thoroughly considered. As requested by the parties, all agreed upon items are to be included in the collective agreements settled by this award. Any union or hospital proposal not specifically addressed in this award is deemed dismissed.
A ward - General
Student Supervision (Preceptorship)
Awarded where requested effective February 1, 2017. Toronto Grace increased to .60¢ effective February 1, 2017. Language to read:
Registered Practical Nurses may be required, as part of their regular duties, to supervise activities of students in accordance with the current College of Nurses of Ontario Practice Guidelines - Supporting Learners. Nurses will be informed in writing of their responsibilities in relation to these students and will be provided with what the Hospital determines to be appropriate training. Any information that is provided to the Hospital by the educational institution with respect to the skill level of the students will be made available to the nurses recruited to supervise the students. Upon request, the Hospital w ill
7
review the nurse's work.load with the nurse and the student to facilitate the successful completion of the assignment.
When a nurse is assigned nursing s tudent supervision duties, the Hospital will pay the nurse a premium
of sixty cents ($0.60) per hour for all hou rs spent supervising nursing s tudents.
Uniforms
In all hospitals where monetary improvement requested, increased to $120 full-time and $60 part-time effective February 1, 2017. Superior conditions maintained.
Paramedic Adjustment (North Bay Regional Health Centre, Notre Dame Hospital, Mattawa General Hospital)
North Bay and Mattawa fall under the District of Nipissing SSAB. Notre Dame falls under the District of Cochrane SSAB. SSABs fund paramedics including those employed in hospitals. The District of Cochrane has settled directly with its paramedics and there is no reason why those rates should not also apply to paramedics employed by Notre Dame. Replication would argue in favour of this result and it should logically, given previous local issues awards, be extended to the District of Nipissing. These rates are not the CUPE provincial average for paramedics employed by municipalities as sought by the union.
Effective September 29, 2015:
Effective September 29, 2016:
end rate of $36.98.
end rate of $37 .72.
These rates are inclusive of the general wage increase. Retroactivity to all current and former employees within sixty days.
Note: Existing differentials to be maintained in any related classifications.
Award - Individual Hospitals
CAMPBELLFORD MEMORIAL HOSPITAL
Part-time Medical Certificates
Union proposal awarded with amendment. Provision to read: "The hospi tal shall pay the full cost of any medical certificate it requires of any part-time employee."
8
CORNWALL COMMUNITY HO SPIT AL
Third Consecutive Weekend Off
Union proposal granted with standard exceptions: except if the cause of working three (3) consecutive weekends is due to a shift exchange, or the employee has requested weekend work, or the weekend is worked by an employee to satisfy specific days off requested by the employee.
Lead Hand Rate
Effective date of award, Lead Hand Premium to be .60¢ an hour.
GLENGARRY MEMORIAL HOSPITAL
Pharmacy Technician
$28.27 inclusive of general wage increase effective September 29, 2014.
Article 6.03(b) (PT)
Union proposal awarded with amendment. Provision to read: "Employees working their third (3"') or subsequent consecutive weekend shall be paid time and one half (1-1I2) the employee's straight time hourly rate of pay, except if the cause of working three (3) consecutive or subsequent weekends is due to a shift exchange, or the employee has requested weekend work, or the weekend is worked by an employee to satisfy specific days off requested by the employee."
HEALTH SCIENCES NORTH
Electronic Applications
Remitted to the parties for resolution.
Unilingual Employees
Remitted to the parties for resolution.
9
Vacation Accrual
Union proposal granted.
Call in shifts
Union proposal granted.
HURON PERTH HEALTHCARE ALLIANCE
Wage Adjustment- Lab Support 1
Comparable OPSEU rate in effect on September 28, 2017 awarded effective September 28, 2017.
Wage Adjustment- Health Records Practitioner
Current comparable OPSEU rate awarded date of award.
NORTH BAY REGIONAL HEALTH CENTRE
Uniforms
Existing provision amended: "The hospital will provide and launder uniforms where required."
PEMBROKE REGIONAL HOSPITAL
Shift Cancellation
Effective thirty days after issue of award, change to 24 hours notice.
Work Schedule
Existing provision amended to November l •.
10
Vacation Accrual
Union proposal granted.
Call in shifts
Union proposal granted.
HURON PERTH HEAL TH CARE ALLIANCE
Wage Adjustment- Lab Support 1
Comparable OPSEU rate in effect on September 28, 2017 awarded effective September 28, 2017.
Wage Adjustment- Health Records Practitioner
Current comparable OPSEU rate awarded date of award.
NORTH BAY REGIONAL HEALTH CENTRE
Uniforms
Existing provision amended: "The hospital will provide and launder uniforms where required."
PEMBROKE REGIONAL HOSPITAL
Shift Cancellation
Effective thirty days after issue of award, change to 24 hours notice.
Work Schedule
Existing provision amended to November 1~ .
10
PROVIDENCE HEALTHCARE
Meal Allowance
To $8.00 effective date of award.
Union Stewards
Union proposal awarded with amendment: "Provided such union representatives/ stewards are available, the employer will utilize union representatives/ stewards that are allocated to specific classifications and/ or work areas. Such designations shall be provided to the employer by the union on a regular basis."
ROUGE VALLEY HEALTH SYSTEM
Processing Technician Wage Adjustment
Rate increased to $23.50 date of award.
ROYAL OITAWA HEALTH GROUP
Parking
Union proposal granted. Provision to read: "Employees paying for parking will be charged a pro-rated amount for the first month when access to the parking lot is provided after the 1" day of the month.
SCARBOROUGH HOSPITAL
Premium Pay for Consecutive Weekends
Existing provision amended: "In the event a third or subsequent weekend .... " Amended provision to come into effect sixty days after issue of award.
Scheduling, Seven Day Shifts (FT)
Add: No employee will be scheduled for consecutive periods of seven days / shifts separated by day(s) off.
11
Amended provision to come into effect sixty days after issue of award.
Scheduling, RPN Floating (FT & PT)
Following awarded, effective sixty days following issue of award.
The assignment to other patient areas (floating) will occur in the following manner:
An employee will not float during their probationary or orientation period; Volunteers will be requested first; Starting with the most junior PT RPN, on a rotation basis within a calendar year (January-December).
The employee will be provided with a meal ticket ($9.00) when they float to another unit for four (4) hours or more.
Uniform
Provision amended: uniform allowance will be paid when uniform required by the hospital.
Lead Hand Premium (FT & PT)
Increase by .10¢ effective date of award.
HOSPITAL FOR SICK CHILDREN
Seniority Lists
Hospital proposal awarded.
CS & TD Wage Adjustment
Effective date of award increase by .10¢.
12
WEST NIPISSING GENERAL HOSPITAL
ECG Technician Wage Adjustment -----Increased to North Bay Hospital rate date of award.
Conclusion
At the request of the parties, we remain seized with the implementation of our award.
DATED at Toronto this 29·• day of March 2016.
"William Kaplan" William Kaplan, Chair
I partially dissent. Partial dissent attached.
Brett Christen, Hospitals Nominee
I partially dissent. Partial dissent attached.
Joe Herbert, OCHU I CUPE Nominee
13
PARTIAL DISSENT OF THE EMPLOYER NOMINEE
I generally agree w ith the Chair's balanced approach in addressing the numerous issues placed before
this local issues Board. However, for the reasons set out in the Employer Nominee's dissent to the
Hamilton Hea lth Sciences award of this Board, I again dissent from the increases for particular
classifications awarded on the basis of the central OPSEU Rate.
Given the current fiscal situation facing hospitals and the fact that a .7% increase for all classifications
for each year of the Collective Agreement (in addition to a corresponding annual lump sum payment)
has been negotiated centrally, I believe that all requests for classification adjustments, including those
based upon OPSEU "parity", should have been approached with extreme constraint.
While a great many requests for classification adjustments were not awarded, the adjustments that
were granted, together with the centrally negotiated increases, provide employees in these
classifications with significant increases to an existing wage rate that was, in many cases, freely
negotiated by the Union. Classification wage adjustments impact internal relativities at the hospital and
may affect a hosp ital's pay equity responsibilities. These types of increases are also not reflective ofthe
outcome of actual collective barga ining negotiations in which it is rare that parties agree, in add ition to a
general increase, to a significant increase for one or two individual classifications. Generally, when this
occurs in free collective bargaining, it is to address an employer's retention and recruitment issues. In
the cases of the adjustments made in this award, there was frequently litt le to no compelling evidence
of the hosp ital having any retention or recruitment difficulties, which is not surprising given the state of
the Ontario economy in recent yea rs and the comparative desirability of a unionized position at a
hospital.
14
PARTIAL DISSENT OF THE UNION NOMINEE
I share the view that the award represents an effort toward balance, however that balance has been to
some extent undermined by the abnormal and excessive delay in effecting compensation changes.
An example of this is found in the improvements made to uniform allowance. The amount of the
allowance receives a modest increase from the expired provision, however the balance achieved in
providing for a modest improvement is undermined in that the increase in the amount of the allowance
is not made effective until the final months of a four-year agreement. For almost all of the agreement,
employees will receive the lesser quantum.
A further example is found in the general failure to award retroactivity on wage adjustments. Even
where a small portion of retroactivity has been awarded, in the case of paramedics, it is too little. In the
first two years of the four-year term, paramedics will earn less than their comparators. Paramedics who
are formally employed by hospitals which undertake to provide services to upper-tier municipalities
have normally been paid on par with paramedics employed throughout municipalities in Onta rio. The
denial of any retroactive payment for the first two years of the term defeats that normative outcome,
and undermines the balance in the award.
Dated this 17th day of March 2016 in Dunedin, FL.
Joe Herbert
Union Nominee
15
IN THE MATTER OF AN ARBITRATION
PURSUANT TO THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT
Before: William Kaplan, Chair Brett Christen, Hospitals Nominee Joe Herbert, CUPE Nominee
Appearances
For the Participating Hospitals: Carolyn Kay Hicks Morley Barristers & Solicitors
For CUPE: Jonah Gindin Researcher OCHU/CUPE The matters in dispute proceeded to a hearing held in Toronto on July 9, 2015. The Board met in Executive Session in Toronto on July 16, 2015.
2
Introduction
This Board of Arbitration was constituted under the Hospital Labour Disputes Arbitration Act to hear various local issues between the members of the participating hospitals (hereafter “the participating hospitals” and OCHU/CUPE (hereafter “the union”). The participating hospitals and the union are voluntary participants in central bargaining. They are bound by the Memorandum of Conditions for Joint Bargaining dated June 17, 2013 and the Memorandum of Settlement between Participating Hospitals and CUPE dated September 29, 2013. These two memoranda establish a collective bargaining framework in which, simply put, the parties have agreed that some issues are central and some issues are local. The central issues were resolved when the parties entered into a collective agreement expiring on September 28, 2017. Local issues negotiations between the participating hospitals and applicable union locals occurred between September 2, and December 16, 2014. This Board was consensually constituted to deal with the outstanding local issues.
By agreement of the parties, and for reasons of convenience and efficiency, two local issues were coordinated and referred to a hearing: RPN wage adjustment and Mentorship. Those two coordinated issues, which apply to most, but not all of the participating hospitals, proceeded to a hearing held in Toronto on July 9, 2015. The Board met in Executive Session in Toronto on July 16, 2015. In considering these issues, the Board paid careful attention to the detailed briefs, the submissions at the hearing, and the applicable statutory criteria, as well as the guiding and important principles of replication and demonstrated need. It should also be noted that the Board has, at the request of the parties, met, reviewed and decided these issues before turning its attention to the other local matters in dispute.
RPN Wage Adjustment
In brief, the union seeks a wage adjustment for the RPNs bringing their rate to 75% of the eight-year central RN rate. The union pointed to the extensive CNO evidence of an increasing RN-RPN overlap in scope of practice and increased RPN autonomy among other factors to justify the increase. When this data was examined, the union argued that there was a strong case in favour of adjusting the RPN wage rate as RPNs were now performing virtually all of the nursing functions and doing so autonomously. Comparator data established that increased RPN autonomy was appropriately reflected in higher RPN rates.
The employer was opposed noting that with the exception of some outliers at the top (the result of pay equity) and some (on this issue) non-participating hospitals at the bottom, the RPN rate is basically uniform. The participating hospitals observe as well
3
that this is a local issue, not a central one and the Board, therefore, has no authority or jurisdiction with respect to it. The participating hospitals also take the position that there is no evidence of demonstrated need, and no difficulties whatsoever in recruitment and retention. The OHA submitted data indicating that the cost of the union’s adjustment would amount to 2.31% of total compensation making it, the participating hospitals assert, beyond unaffordable in the current economic climate.
The Board has carefully considered this issue.
In our view, given the commonality in function across this classification, large gaps in rates for RPNs were completely unjustified. For all intents and purposes, however, those gaps – “the enormous spread” no longer exists. Currently, 56 of the participating hospitals where this issue arises pay $28.55. Nineteen pay between $28.61 and 29.90. One hospital, Mattawa General, pays $30.18 and another, North Bay General, pays $32.72 (with these two high and outlier rates, the participating hospitals submit, resulting from pay equity not free collective bargaining). It would be completely inconsistent with, indeed contrary to, the arbitral intervention to date, clearly directed at removing the unjustified gaps, to bring all participating hospitals up to the top rate enjoyed by employees at a single hospital even if doing so was proposed in the context of establishing a percentage wage relationship between RPNs and RNs because of commonality in scope and autonomy in practice.
The union’s request is denied.
Mentorship
The union seeks a mentorship provision based on existing central ONA language. The participating hospitals are opposed. The union asserts that the provision is normative and based on demonstrated need at local hospitals. It notes, further, that the obligations only come into play when the participating hospital initiates a mentorship program. The union further notes that the OHA and the SEIU agreed in that group of participating hospitals to comparable language in their last central negotiations that led to a voluntary agreement. CUPE has, moreover, been successful in negotiating this provision with two participating hospitals in the current local issues bargaining and it exists at other CUPE-represented hospitals as well.
In its brief, the participating hospitals observe that “one of the Hospital’s fundamental rights is to identify those individuals who they believe would benefit from having a mentor and to pair that RPN with an individual ideally suited to provide the requisite guidance” (at p. 23). None of the difficulties identified by the participating hospitals are persuasive. And while it is true enough that it is the responsibility of all professionals to mentor, it is equally true that it is now common in this sector for this work to attract terms and conditions and a premium if a hospital directs an RN or RPN to perform it. In
4
our view, if a participating hospital chooses to direct an employee in this way, the terms and conditions of that direction should be according to normative collective agreement criteria, and those criteria are now pervasive, both in the ONA and the SEIU central collective agreements. Awarding this proposal is completely consistent with, even mandated by, replication. Accordingly, we award the union proposal effective ninety days following issue of this award.
Conclusion
At the request of the parties, we remain seized with the implementation of our award.
DATED at Toronto this 23rd day of July 2015.
“William Kaplan” William Kaplan, Chair I dissent in part. Partial dissent attached. Brett Christen, Hospitals Nominee I dissent in part. Partial dissent attached. Joe Herbert, OCHU/CUPE Nominee