IN THE MATTER OF AN INTEREST ARBITRATION. The Hospital for Sick Children. and. CUPE, Local 2816

Transcription

1 IN THE MATTER OF AN INTEREST ARBITRATION BETWEEN: The Hospital for Sick Children and CUPE, Local 2816 Before: William Kaplan, Chair Matt Sutcliffe, Employer Nominee Joe Herbert, Union Nominee Appearances For the Employer: Craig Rix, Hicks Morley, Barristers & Solicitors Matt Snyder, Director, HR Operations and Talent Management Liz Miller, HR Project Manager & Business Controls Specialist For the Union: Leonora Foster, President CUPE 2816 Sheila Dickson, Vice-President CUPE 2816 Celeste Sansait, Part-time Representative CUPE 2816 Donald Hall, Part-time Representative CUPE 2816 Jean-Charles Lavigne, CUPE National Representative Jonah Gindin, CUPE Research Representative This case proceeded to a hearing in Toronto on April 19, 2015.

2 - 2 - Introduction & Award This is an interest arbitration between the Hospital for Sick Children and CUPE (part-time and casual). There are approximately 400 employees in the bargaining unit. The case proceeded to a hearing held in Toronto on April 19, In determining the outstanding issues we have been guided by the statutory criteria, all of which have been carefully reviewed, as well as by the normative criteria generally considered in cases of this kind, most particularly replication. Any outstanding issue not addressed in this award is deemed dismissed. The new collective agreement, therefore, shall consist of the agreed-upon items, our award as well as the unchanged portions of the previous collective agreement. Term May 12, 2012 to September 28, Article New Language Attendance Management Days of absence arising out of a medically-established serious chronic condition, an on-going course of treatment, a catastrophic event, absence for which WSIB benefits are payable, medically necessary surgical interventions, or days where the employee is asymptomatic and is under a doctor s care from the commencement of symptoms for a confirmed communicable disease (and has provided medical substantiation of such symptoms) but is required to be absent under the Hospital or public health authority protocol, will not be counted for the purposes of being placed on, or progressing through, the steps of an attendance management program. Leaves covered under the Employment Standards Act, and leaves under Article 12 will not be counted for the purposes of being placed on, or progressing through, the steps of an attendance management program. The parties agree that grievances related to 5.02 will be heard before Arbitrator William Kaplan (with nominees). Grievance and Arbitration Procedure Amend Article 9.03 Step No. 1 The employee, who may be accompanied by a Steward, may submit a written grievance signed by the employee to the Department Manager and or/designate. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Department Manager and/or designate will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then:

3 - 3 - Step No. 2 Within (9) calendar days following the decision in Step No. 1, the grievance may be submitted in writing to the Department Director and/or designate. A meeting will then be held between the Hospital and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the Hospital may have such counsel and assistance as it may desire at such meeting. The decision of the Department Director and/or designate shall be delivered in writing within nine (9) calendar days following the date of such meeting. Amend Article 9.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Director and/or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. Article Standby Premium An employee who is required to remain available for duty on standby, outside the normal working hours for that particular employee, shall receive standby pay in the amount of three dollars and thirty cents ($3.30) per hour for all hours on standby. Effective September 29, 2016, where such standby duty falls on a paid holiday, as set out in the Appendix of Local Provisions, the employee shall receive standby pay in the amount of four dollars and ninety cents ($4.90) per hour. Standby pay shall, however, cease where an employee is called into work under Article above and works during the period of standby. The changes to this provision will take effect on the date of award. Article Temporary Transfer (a) Where an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying position in the bargaining unit, he shall be paid the rate in the higher salary range immediately above his current rate for all hours worked in the higher paying position. This section takes effect the date of award. Article Shift and Weekend Premium Effective May 12, 2013, Employees shall be paid a shift premium of one dollar and twenty cents ($1.20) per hour for all hours worked where the majority of their scheduled hours fall between 1500 and 0700 hours. The same one dollar and twenty cents ($1.20) per hour will be paid as weekend premium for all hours worked between two thousand four hundred (2400) hours Friday and two thousand four hundred (2400) hours Sunday.

4 - 4 - Article Vacations Effective the date of Award: An employee who has completed the following number of continuous hours of services entitled to the following percentage of vacation pay: Less than 3,450 4% 3,450 to 8,625 6% 8,625 to 20,700 8% 20,700 to 34,500 10% 34,500 to 48,300 12% 48,300 14% Article Protective Footwear Effective January 1, 2016: For each employee who is required by the Hospital to wear safety footwear during the course of his duties, the Hospital will reimburse that employee $ per calendar year upon production of a receipt. Wages Effective September 29, % general wage increase Effective September 29, % general wage increase and 0.7% lump sum payment Effective September 29, % general wage increase and 0.7% lump sum payment Effective September 29, % general wage increase and 0.7% lump sum payment Effective September 29, % general wage increase and 0.7% lump sum payment Lump Sum Payment Calculation Going Forward (a) A lump sum payment is payable to all employees on staff as at September 28, 2014 on 2013 September 28, be paid on a separate cheque/deposit. This payment is to be made within four (4) full pay periods of the date of the award.

5 - 5 - (b) A lump sum payment is payable to all employees on staff as at September 28, 2015 on 2014 September 28, be paid on a separate cheque/deposit. Payment is to be made within four (4) full pay periods of the effective date (i.e. September 28, 2015). (c) A lump sum payment is payable to all employees on staff as at September 28, 2016 on 2015 September 28, be paid on a separate cheque/deposit. Payment is to be made within four (4) full pay periods of the effective date (i.e. September 28, 2016). (d) A lump sum payment is payable to all employees on staff as at September 28, 2017 on 2016 September 28, be paid on a separate cheque/deposit. Payment is to be made within four (4) full pay periods of the effective date (i.e. September 28, 2017). Letter of Understanding Inactive Employees Renew existing Letter of Understanding

6 - 6 - New Letter of Understanding Benefits During Notice Period In the event of a layoff of an employee whose benefits were grand-parented as part of the implementation of the first collective agreement, the Hospital shall pay its share of insured benefits premiums for the duration of the five (5) month notice period provided for in Article (a). Retroactivity Retroactive Pay will be based on wages, shift and weekend premiums and vacation pay only. Any retroactive payments will only be paid to current employees, employees who retired during the term of this agreement, employees on an approved leave, or employees who were laid off by the hospital during the term of this agreement. The employer will endeavour to pay retroactive pay within four (4) pay periods from the date of the award. For eligible employees who have left the employ of the Hospital a letter shall be sent to the last known address. Where the employee does not respond to such a letter within thirty (30) days of it being sent by the Hospital, such former employee shall have no claim for retroactivity. Conclusion At the request of the parties, we remain seized with respect to the implementation of our award. DATED at Toronto this 26 th day of May William Kaplan William Kaplan, Chair Matt Sutcliffe Matt Sutcliffe, Employer Nominee Joe Herbert Joe Herbert, Union Nominee