IN THE MATTER OF AN ARBITRATION - PDF document

1 2335/A IN THE MATTER OF AN ARBIT
2335/A IN THE MATTER OF AN ARBITRATION BETWEEN HUMBER RIVER HOSPITAL (“the Hospital ” / “the Employer”) - AND - NATIONAL ORGANIZED WORKERS UNION (“the Union”) CONCERNING AN INTEREST ARBITRATION UNDER THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT , RSO 1990, c H - 14 (HLDAA) BOARD OF ARBITRATION Christopher Albertyn – Sole Arbitrator APPEARANCES For the Union: Daniel Tucker - Simmons, Counsel Tim Oribine, President Tim Cadeau, Secretary - Treasurer Stannie Muir, Business Agent Diane Colucci, Chief Stewa rd of FT and PT Service , President of NOWU Local 2 Giovanna Menna, Steward and Committee Member Sonia Menezes, Steward and Committee Member For the Hospital : Tom Agnew, Counsel Adrian Di Lullo , Director, Employee & Labour Relations Emily Risen, Senior Labour Relations Specialist Jodelle Vassell, Labour Relations Coordinator Hearing held by videoconference on March 9, 2021. Award issued on March 31, 2021. 1 AWARD 1. This is an interest arbitration under the Hospital Labour Disputes Arbitration Act , RSO 1990, c H - 14 (“HLDA

2 A” or “the Act”). 2. The Em
A” or “the Act”). 2. The Employer is a hospital under the Public Hospitals Act , RSO 1990, c P.40 , in Toronto. It has approximately 4,400 employees . Besides those employees who are excluded, employees are represented in six bargaining units. Two of the six bargaining units are represented by the Union. 3. The bargaining unit covered by this award consists of 205 full - time office and clerical employees. (The part - time office and clerical employees are represented by the Teamsters. The Union’s other bargaining unit is a combined full - time – part - time unit of service employees). 4. The current collecti ve agreement expire d on December 31, 2019. Bargaining between the parties occurred on September 23 and 24, 2020. The no - board report was issued on October 29, 2020. The issues remaining in dispute were then referred to me for determination. 5. The three - yea r period covered by the collective agreement (for which this award is issued) is governed by the Protecting a Sustainable Public Sector for Future Generations Act, 2019 , SO 2019, c 12 (“Bill 124”) that came into force on

3 December 8, 2020. 6. Bill 124
December 8, 2020. 6. Bill 124 require s a moderation period of three years. Pursuant to Bill 124, s. 10(1), for the moderation period, the annual salary increase may not exceed 1%, and under s. 11(1), the annual total compensation increase cannot exceed 1%. The award below complies with both of these restraints. 2 7. The Union has reserved its rights with respect to the application of Bill 124. It seeks an award of increases above the 1% amount stipulated in Bill 124 to apply in the event that Bill 124 is set aside by a court order . There is current ly an application before the courts challenging the legality of Bill 124 on the basis that it violates the Charter of Rights and Freedoms under The Constitution Act, 1982 . If such a setting aside of the legislation occur s, the Union asks that the wage increase be 1.6% in 2020, 1.65% in 2021, and 2% in 2022, and that those wages be awarded herein , conditional upon such a court result. The Employer responds that any reference to such an outcome should entail the parties retur ning to me to make submissions on whether there ought to be any change to

4 the awarded wage increases applicable t
the awarded wage increases applicable to this collective agreement . Term of the agreement 8. The agreed term of the renewal collective agreement is from January 1, 2020 to December 3 1, 202 2 . This is also the moderation period for the purposes of s. 9(1) of Bill 124. Agreed upon items 9. The renewal agreement will consist of the unchanged items from the collective agreement that expired on December 31, 2019 , the items agreed by the par ties themselves ( signed off as agreed on September 23 and 24, 2020), which are incorporated into this award, and the items describe d below , on which the parties made submissions. 3 General considerations 10. I have carefully considered all of the parties’ submissions . I have taken account of the statutory requirements under the Act and under Bill 124. I have also had regard to the jurisprudential factors recommended by the parties, including comparability , repl ication, and demonstrated need . 11. All Union and Employer proposals not specifically addressed below are dismissed. The wage increases awarded are, where applicable

5 , retroactive to the date specified.
, retroactive to the date specified. Unless a specific date is set for an item awarded, it wil l be effective from the date of the award. Issues in Dispute awarded Union Stewards 12. Re Article 7.02(b) , the Chief Steward’s time off is increased from two to four shifts per month. Premiums 13. The shift premium under Article 17.06 is increased from $1.10 to $1.20. 14. The weekend premium under Article 17.10 is increased from $1.10 to $1.20. Benefits 15. Under Article 22.01(d) the following improvement is awarded: a n orthodontic benefit is introduced, with a $1,500 lifetime maximum and 50/50 co - payment. 4 W ages 16. The following wage increases are awarded: a. Retroactively to June 25, 2020: 1% b. Effective on June 25, 2021: 1% c. Effective on June 25, 2022: 1%. 17. Retroactive pay will be paid on a separate pay/deposit. Retroactivity will be paid in respect of wages to all eligible employees on the payroll as of the date of the first scheduled wage increase during the term of this agreement, that being June 25, 2020. Payment is to be made within four full

6 pay periods of the date of this Award.
pay periods of the date of this Award. There will be no retroactiv ity applied to any other items or amounts in this Award. 18. In the event of an eligible employee’s employment terminat ion since June 25, 2020, the Hospital shall advise the former employee of their eligibility for retroactive pay within 30 days of the date of this Award by notice in writing by registered mail to the last known address on the records of the Hospital, and the former employee shall have 60 days from the date of the postage within which to claim any payment due. Retroactivity will be paid within 2 pay periods of the former employee making such claim. Seized 19. Pursuant to s.9(2) of the Act, I remain seized of the implementation of this award until a collective agreement is in effect be tween the parties. 20. Further, i n the event that a court finally sets aside Bill 124, I remain seized to address proposals by the parties to re - open consideration of the wage 5 adjustments ordered in this award . DATED at TORONTO on March 31, 2021. _____________________ Christopher J. Albertyn Sole Arbitrato