IN THE MATTER OF AN INTEREST ARBITRATION UNDER THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT (HLDAA)

Transcription

1 IN THE MATTER OF AN INTEREST ARBITRATION UNDER THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT (HLDAA) BETWEEN: The Corporation of the County of Dufferin, Dufferin Oaks Long Term Care Home -and- (the Employer ) Ontario Nurses Association ( ONA ) And in the matter of a dispute about the terms to be included in collective agreement that will run from April 1, 2016 to March 31, BEFORE: BOARD OF ARBITRTATION: Christine Schmidt, Chair Joe Herbert, Union Nominee Roy Male, Employer Nominee APPEARANCES: For the Employer: James Knight, Counsel Cheri French, Human Resources Manager Jenny Power, Acting Administrator Jennifer DiMartino, Human Resources Representative For the Union: Sue McCullough, HLDAA Specialist Silvanna Peterson, Labour Relations Officer Lindsay McLeod, Negotiating Committee Member Alyssa Lene, Articling Student The hearing was held in Toronto on August 29, The board met in executive session on September 21, 2017.

2 2 Introduction This Board of Arbitration is duly constituted and convened under the Hospital Labour Disputes Arbitration Act ( HLDAA ). It has been appointed to adjudicate upon the issues that remain in dispute between the parties in respect of the negotiation of a renewal to the collective agreement between them that expired on March 31, There is no dispute with respect to our authority. Background and General Considerations Dufferin Oaks Long Term Care Home ( Dufferin Oaks or the Home ) is a municipal long term care home owned and operated by the County of Dufferin, located in the town of Shelbourne. The Home is a three-story facility with 160 residents. It provides accomodation, meals, supportive services and a full range of nursing services for persons who, for various reasons, are unable to live independently in the community. ONA has representied all registered and graduate nurses employed in a nursing capacity at the Home (save and except the Assistant Director of Care and above that rank) since ONA was certified as bargaining agent in There is one classification in the bargaining unit: Registered Nurse (which includes a full-time RAI Coordinator, three full-time Unit Coordinators, three fulltime RNs and four part-time RNs). Canadian Union of Public Employees, Local 3192, represents another 216 unionized employees at the Home. Since ONA has represented RNs at Dufferin Oaks, this is the first time the parties recall resorting to arbitration to adjudicate upon the issues that remain in dispute between them. The parties agree that the appropriate comparators for ONA-represented nurses working in Homes for the Aged are primarily other such homes and employers who are party to the central ONA and Participating Hospitals collective agreement ( Central Agreement ).

3 3 The parties met to negotiate on three days in December Concilliation took place on February 2, 2017, following which a no-board report was issued. In the course of bargaining, the parties were able to agree upon a number of matters. They have asked the Board to incorporate the agreed upon items into this award. The followings issues remain in dispute: 1. Article 11 Compassionate Leave 2. Article 12 Paid Holidays 3. Article 13 Vacations 4. Articles 15 Hours of Work: 15.9 (Evening and Weekend shift Premium, (Weekend Premium), (Responsibility Pay) and inclusion of payment of Responsibility Pay for RN Unit Coordinators 5. Article 16 Benefit Plans; and 6. Schedule - Wages The most significant issue in the Board s view is the Union s proposal to extend full group benefit coverage to part-time RNs who have a normal work schedule of at least 24 hours per week and to have the Employer pay 100% of the billed premium associated with coverage of those benefits. Alternatively, the Union seeks to have the Board award a percentage in lieu of benefits (13% or 9% depending on whether the part-time RN enrolls in the pension). Currently, part-time RNs are eligible to receive benefits but the Employer pays 50% of the billed premium. Partipation by part-time RNs in the benefits plan is minimal or non existant. The Employer vehemently resists ONA s proposed changes to the benefit scheme currently in place and urges the Board to remit the issue of payment in lieu to the parties for consideration in the next round of bargaining. However, the

4 4 Employer agrees to increase RNs wages at the Home to ONA central wages and to the additional $0.32 adjustment (April 1, 2017) provided as part of the Central Agreement. It does so in conjunction with proposals to increase premiums, hearing aids and vision care benefits together with two proposals to correct what the Employer characterizes as errors in the dental plan. The first of these corrections is to add a 50/50 co-pay feature to the orthodontic rider, which the Employer maintains should have been, but was not, reflected in the appropriate provision when the benefit was first negotiated in The Employer says such a co-pay provision is normative in the sector. Secondly, the Employer proposes to collapse the separate benefit for dentures into the major restorative rider. The provision for denture reimbursement, separate and apart from the major restorative provision, occurred in the last round of bargaining. This too the Employer claims was an error in a sector where a separate provision for dentures is atypical. ONA disputes that any errors have occurred. In assessing the merits of the outstanding issues in dispute, the Board has carefully considered the parties submissions. It has been guided by the legislative criteria. It has also been governed by long accepted principles developed in the interest arbitration jurisprudence of demonstrated need and total compensation. The Board s primary task, however, is to replicate the agreement that would have been reached had the parties reached their own resolution in the context of free collective bargaining, with comparability as the primary tool to effect such a resolution. The replication principle requires the Board to give recognition to sectoral norms. On the outstanding issue of benefits to be paid to part-time RNs, there is no dispute that the norm in most Homes for the Aged and among employers covered by the Central Agreement is to pay nurses a percentage in lieu of benefits. The typical payment in lieu is 13%, reduced to 9% when a part-time RN participates in the pension plan. The current situation for part-time RNs at Dufferin Oaks is neither normative nor tenable.

5 5 In respect of the Employer s two proposals to correct what it argues were errors in the dental plan, it is unecessary for the Board to make any finding as to whether or not any mutual mistakes occurred. The Board s award on these two proposals reflects, in our view, the sort of compromise that the parties would have made while normalizing percentage in lieu for part-time RNs. Having regard to all of the foregoing, we award as follows. AWARD We direct the parties to enter into a renewal collective agreement for the term of April 1, 2016 to March 31, The collective agreement shall consist of the unchanged items from the collective agreement that expired on March 31, 2016, the items agreed by the parties themselves, and the Board s award on only those items set out herein. Any proposal not explicitly dealt with herein is denied. ARTICLE 13 VACATIONS Amend the vacation entitlement chart to reflect entitlement to 4 weeks vacation after the completion of 3 years of of service (rather than the completion of 4 years of service). ARTICLE 15 HOURS OF WORK 15.9 Shift Premium

6 6 Night Shift Premium Increase to $2.20 April 1, 2016 Increase to $2.45 April 1, 2017 Evening Shift Premium Increase to $1.95 April 1, 2016 Increase to $2.15 April 1, Weekend Premium Increase to $2.10 April 1, 2016 Increase to $2.50 April 1, Responsibility Pay Increase to $1.55 April 1, 2016 Increase to $1.70 April 1, 2017 To be clear, we decline to award Responsibility Pay for Unit Coordinator Article 16 Benefit Plans Specific benefits Amend Hearing Aids to $ per 36 consecutive months Amend Vision Care to $ every 24 months.

7 7 Benefit Plan Amend Articles 16 and 12 to reflect this Board s award of ONA s alternative proposal of pay in lieu of benefits for part-time RNs (13% for those who do not voluntarily enroll in pension plan, or 9% for those who do). Holiday Pay is included in the percentage in lieu to be paid to part-time RNs. Moreover, when part-time RNs work on those Holidays listed in article (with the exception of the Floating Holiday) they are to be paid at one and one-half times their regular hours worked on the Holiday. The parties are directed to negotiate language to reflect the Board s award on this issue and to amend or delete those current provisions impacted by our award. Dental Plan Amend Article 16 to reflect this Board s award of the Employer s proposals in respect of dentures and orthodontics. SCHEDULE A WAGES Effective April 1, 2016: 1.4% Effective April 1, 2017: 1.4% In addition, on April 1, 2017 add $0.32 to the start rate after the across the board increase. Unless otherwise specified, all changes are effective the date of the award. Retroactivity is to be paid only on wages to all employees on the basis of all paid hours from April 1, 2016 and on shift and weekend premiums and

8 8 responsibility pay as identified in the award. Payment is to be made within sixty (60) days of the date of this award. Eligible employees who have left the employ of the Employer are to be notified of their entitlement to retroactive wages in writing at their address on file within thirty (30) days of the date of this award. Payment is to be made within 30 days of acknowledgement of receipt of such notice. We remain seized until such time as a collective agreement is in effect between the parties. Dated at TORONTO this 16 th day of October Christine Schmidt, Arbitrator I concur Roy Male, Employer Nominee I concur Joe Herbert, Union Nominee