IN THE MATTER OF AN ARBITRATION

Transcription

1 1667/C/Chartwell Kanata #535 BETWEEN IN THE MATTER OF AN ARBITRATION CHARTWELL KANATA 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 Kanata Retirement Residence, the Employer, is retirement home in North Kanata, 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 14 full-time, 17 part-time and 8 casual employees. The bargaining unit consists of RPNs, PSWs/HCAs, Housekeeping Aides and Dietary staff, among others. 5. Notice to bargain was given on October 3, Negotiations occurred during 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 9 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 16 HOURS OF WORK (d) Replace as follows Employees regularly scheduled sixty (60) hours per pay period or greater, shall receive every second weekend off, unless the employee requests in writing a change in the posted work schedule. The Employer will arrange master shift schedules such that all Employees will receive a minimum of one (1) weekend off in two (2), except in the case of mutual agreement of the parties.

4 3 Notwithstanding the foregoing the parties agree that part-time employees may be scheduled 2 weekends out of 3 for periods of time due to an operational necessity. 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 of payments. ARTICLE 21 VACATIONS Amend as follows Requests for primetime (Victoria Day to Labour Day) must be submitted in writing by March 31, and the resulting summer vacation schedule will be posted in the workplace by May Requests received after March 31 will be considered on a first come first serve basis. ARTICLE 21 VACATION Less than one year.5/6 working days for each month (4% of gross earnings) 16 years or more.5 weeks (10% of gross earnings) 22 years or more 6 weeks (12% of gross earnings)

5 Vacation pay is calculated at the applicable percentage of the employee s gross earnings as defined by the Income Tax Act. Employees Regularly scheduled Employees sixty (60) hours or more bi-weekly shall receive vacation pay at the time they take vacation. All others 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 ) the current wage rate and converted to hours. [.] ARTICLE 22 - HEALTH AND INSURANCE BENEFITS Benefits coverage to be listed in a standard table/chart in this article. Chartwell Kanata PREMIUM PERCENTAGE 75% ER Paid Chartwell Kanata Retirement Residence Benefits Details All Employees regularly scheduled 30 hours weekly Life Flat $25,000 Percent 100 % Minimum N/A Maximum Rounded NEM

6 5 Reduction 50% age 65 Termination Age 70 Conversion Before Age 65 Life Waiver Definition Total Disability Termination Age 65 AD&D Flat Equal to Life Insurance Percent 100 % Max Rounded Reduction Termination Age 70 Conversion Before Age 65 Health Deductible Coinsurance Aggregate Maximum Hospital Drugs Paramedical max/ practioner Rn or RNA Services Convalescent Home Care OOC Referrals Hearing Aids Orthopedic Shoes Orthodics Survivor Benefit Termination Age 70 Travel Assist Yes Inclusions Nil for ambulance, hospital, $25 / 50 for all else 100% Hospital & OOC Emergency, 80% for all others Unlimited Semi-Private See Below Pay Direct Drugs $500 per calendar year $5,000 / 12 months $20 per day up to 120 days Not Covered $700 / 5 years $300 per calendar year $300 per calendar year 24 months Diabetic supplies, IUDs and diaphrams,

7 6 Contraceptive drugs, rings and patches Exclusions Fertility drugs, Anti- Obesity drugs, Erectile dysfunction, Smoking Cessation products, Preventative Vaccines Pay Direct Drug Card Definition Coinsurance 80% Deductible Nil Generic N/A Legally requiring a prescription Vision Eye Exams Eyeglasses or Contact Lenses 1 every 24 months (12 months for children under 18) $150/24 months Dental Deductible $25 / $50 Coinsurance 80% Maximum $1,000 per calendar year Coverage Diagnostic, Preventative, Minor Restorative, Periodontics, Endodontics, Denture relining and rebasing Recall 2 per calendar year Fee guide Current Termination Age 70 A master copy of the Health and Insurance benefits and the

8 employee benefit booklet for the home to be forwarded to the Union representative. 7 Housekeeping 6 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 to one percent (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 one percent (1%) the current percentage as identified below of applicable wages to Plan. XXXXXX, 2016, (the date 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.

9 8 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. APPENDIX A WAGES SCHEDULE A Steps % increase effective Jan Classifications Expired Dietary Aide Start $ % 2% 450 $ % 2% year) $ % 2% Receptionist Start $ % 2% 450 $ % 2% year) $ % 2% Housekeeping Start $ % 2% 450 $ % 2% year) $ % 2% % increase effective Jan

10 9 GAs/PSW Start $ % 2.50% 450 $ % 2.50% year) $ % 2.50% Cook Start $ % 2% 450 $ % 2% year) $ % 2% RPN Start $ % 2% 450 $ % 2% year) $ % 2% Students (Employment Standards) 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 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.

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