CHARTWELL VAN HORNE RETIREMENT RESIDENCE

Transcription

1 1667/C/Chartwell Van Horne #288 IN THE MATTER OF AN ARBITRATION BETWEEN CHARTWELL VAN HORNE RETIREMENT RESIDENCE ( the Employer ) - AND - SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA ( the Union ) CONCERNING AN INTEREST ARBITRATION UNDER THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT, RSO 1990, c H-14 (HLDAA) BOARD OF ARBITRATION Christopher Albertyn Chair Yves Campeau Employer Nominee Harold F. Caley Union Nominee APPEARANCES For the Union: Terry McCarthy, Chief Negotiator For the Employer: Ryan Wood, Bass Associates Nicole Desjardins, Director of Labour Relations Hearing held in ORILLIA on October 27, Executive session held on October 27, Award issued on November 3, 2016.

2 1 AWARD 1. This is an interest arbitration under the Hospital Labour Disputes Arbitration Act, RSO 1990, c H-14 ( HLDAA or the Act ). 2. The Chartwell Van Horne Retirement Residence, the Employer, is retirement home in Smiths Falls, Ontario. 3. Service Employees International Union (SEIU) is the largest health care union in North America with 2 million members in Canada, the United States and Puerto Rico. Members of SEIU have many different jobs in the health care and community services sector. The Canadian membership totals approximately 110,000 60,000 of whom are in Ontario and are represented by the Union. 4. The Union represents a bargaining unit of 6 full-time, 11 part-time and 8 casual employees. The bargaining unit consists of RPNs, PSWs, Housekeeping Aides and Dietary staff, among others. 5. Notice to bargain was given on October 3, Negotiations occurred during 2015 and A No Board report was issued on December 29, Term of the agreement 6. The agreed term of the renewal collective agreement is from January 1, 2015 to December 31, 2016.

3 2 Agreed upon items 7. The renewal collective agreement will consist of the unchanged items from the collective agreement which expired on December 31, 2014, the items agreed by the parties themselves (at Tab 11 of the Union s brief), which are incorporated into this award, and the items we describe below. 8. The renewal will include all issues agreed locally, the issues agreed centrally in two minimum standards documents, the renewal of all Letters of Understanding (unless otherwise indicated in an agreed to signed documents). Issues in Dispute 9. We award the following with respect to the remaining issues between the parties: ARTICLE 17 - PREMIUM PAYMENTS a) Weekend Premium Ten cents ($0.10) for all hours worked start of the shift commencing on or about 2300 hours Friday, and the end of the shift ending on or about 2300 hours Sunday. In no event shall there be any pyramiding of benefits or payments.

4 3 ARTICLE 21-VACATION Full-time Employees shall be entitled to the following vacations with pay. A year of service for vacation accumulation is 1950 hours. The vacation year runs from January 1 to December 31. Less than 1950 hours...5/6 working days for each month at 4% of gross earnings Greater than 1,950 hours to 9,750 hours 2 weeks at 4% of gross earnings Greater than 9,750 to 23,400 hours 3 weeks at 6% of gross earnings Great than 23,400 hours 4 weeks at 8% of gross earnings Vacation pay is calculated at the applicable percentage over the Employee s gross earnings as defined by the Income Tax Act. Part-time Employees shall receive four percent (4%) vacation pay every pay. Regularly scheduled Employees scheduled shall receive vacation pay at the time they take vacation. Unscheduled part-time shall have vacation pay percentage added to each pay period, separately identified. Vacation pay for those receiving it at the time they are granted vacation shall be paid in proportion to the time requested and have the total accumulated dollar amount divided by their vacation time entitlement (e.g. 2 weeks, 3 weeks). ARTICLE 22 - HEALTH AND INSURANCE BENEFITS a) Benefits coverage to be listed in a standard table/chart in this article.

5 4 100% Employer paid Benefits Details Van Horne Manor - Twenty (20) hours or more per week Life Flat Percent 2 x annual salary Minimum Maximum $150,000 Rounded $1,000 NEM Reduction 50% age 65 Termination Age 70 Conversion Before Age 65 Life Waiver Definition Total Disability or LTD approved Termination Age 65 AD&D Flat Percent Equal to Life Insurance Termination Age 70 Conversion Before Age 65 Health Deductible Coinsurance Aggregate Maximum Semi-private Hospital Drugs Paramedical max/ practioner $25 per participant combined EH and Drug (N/A to OOC) 100% OOC, Unlimited Drug Card - see below $400 per practitioner per year for Audiologist, Chiropractor, Naturopath, Speech Therapist, Osteopath, Physiotherapist,

6 5 Podiatrist, Psychologist Rn or RNA Services Convalescent Home Care Chronic Care Substance Abuse Treatment Facility OOC Referrals Travel Assist $10,000 / cy $20 per day - max 90 days $20 per day - max 90 days $20 per day - max 90 days Not Covered $2,000,000, 90 days Hearing Aids $300 / 3 years Orthopaedic Shoes $200 per calendar year - combine with Orthodics Orthodics $200 per calendar year - combine with Orthopaedic Shoes Survivor Benefit 24 months Termination Age 70 Travel Assist Yes Pay Direct Drug Card Definition Legally requiring a prescription Coinsurance 100% $25 per participant combined wit Deductible EHB Generic Yes Diabetic Supplies, IUDs and Inclusions diaphrams, Contraceptive drugs, rings and patches Fertility drugs, Anti-Obesity drug Smoking Cessation products, Exclusions Erectile dysfunction drugs, Preventative Vaccines Vision Eyeglasses or Contact Lenses if Visual Acuity <20/40 through Glasses Eye Exams $150/24 months $40 1 Exam/ 24 months

7 6 12 months for children under 1 A master copy of the Health and Insurance benefits and the employee benefit booklet for the home to be forwarded to the Union representative. Nursing Homes and Related Industries Pension Plan.02 Amend to read: Each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal (1 %) the current percentage as identified below of applicable wages to the Plan. The Employer shall contribute on behalf of each Eligible Employee for each pay period, an amount equal to %) the current percentage as identified below of applicable wages to Plan. XXXX, 2016 (At time of award), each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal to two percent (2%) of applicable wages to the Plan. The Employer shall contribute on behalf of each Eligible Employee for each pay period, an amount equal to two percent (2%) of applicable wages to Plan. The Employer shall contribute on behalf of all Employees who would be Eligible Employees but for their age or their receipt of a pension from the Plan one percent (1%) the current percentage as identified above of Applicable Wages to a fund of the Employee s choice.

8 [..] 7 The parties agree that this Article in no way prejudices the position of either party as it relates to the retroactivity application if an error is discovered. ARTICLE 30 - TERM Amend to read: This Agreement shall continue in effect from January 1, until December 31, and shall continue automatically thereafter for annual periods of one (1) year each unless either party notifies the other, in writing, within the period of ninety (90) days preceding the expiry date of this Agreement that it desires to amend or terminate this Agreement. SCHEDULE A WAGES [The wage schedule appears on the next page]

9 8 January Classifications Steps Expired January RPN % 2% % 2% % 2% % 2% Cooks % 3% % 3% % 3% % 3% GAs/PSW % 2.5% % 2.5% % 2.5% % 2.5% Housekeeping % 2.5% % 2.5% % 2.5% % 2.5% 2.25% Dietary Aide % % 3% % 3% % 3% Retroactivity The retroactivity amounts referred to immediately above are to be paid by separate cheque to current members within three full pay periods of the date of this award. Persons who worked in the period from January 1, 2015, onwards, but who are no longer employee, will also be

10 9 entitled to payment of retroactivity. The employer is directed to send a registered letter within three pay periods from the date of this award to the last known address of each member. Advising them of their right to retroactivity. Ex-members will have 30 calendar days from the date of mailing to claim payment. Members who fail to claim their payments within 30 calendar period shall be deemed to forfeit any claim hereto. 10. The parties are directed to prepare a collective agreement in accordance with this award. Seized 11. Pursuant to s.9(2) of the Act, we remain seized of the implementation of this award, including issues agreed between the parties, until a collective agreement is in effect between the parties. DATED at TORONTO on November 3, Christopher J. Albertyn Arbitrator

11 10 I partially dissent. Yves Campeau Yves Campeau Employer Nominee I partially dissent. Harold Caley Harold F. Caley Union Nominee