PROVIDENCE CARE CENTRE (PROVIDENCE MANOR CHARITABLE LONG-TERM CARE HOME)

Transcription

1 In the matter of an Interest Arbitration Pursuant to the Hospital Labour Disputes Arbitration Act Between: PROVIDENCE CARE CENTRE (PROVIDENCE MANOR CHARITABLE LONG-TERM CARE HOME) -AND - ("Employer") PROVIDENCE MANOR EMPLOYEES' UNION LOCALS 3010 and 3010-A of the CANADIAN NATIONAL FEDERATION OF INDEPENDENT UNIONS ("Union") RE: The terms of the parties' collective agreement for the period April l, 2011 to March 31,2013 DATE AND LOCATION OF HEARING: January 20, 2012, Kingston; Exec. Session March 9, 2012, Toronto. Board of Arbitration: Appearances: Brian Etherington, Chair Lany Robbins, Union Nominee Leonard Cserhati, Employer Nominee Union Ron Roscoe, Business Representative Karen Notley, Bargaining Unit Pres. (30 1 0) John Carr, V.P. and Chief Steward (3010) Terrie Harris, Treasurer (3010) Lisa Rishaur - Trustee (3010A) Employer Ron Pearson, Counsel Sheldon MacNeil, H.R. Consultant Regina Mitchell, Ass. Dir. of Care Suzanne England, Empl. Rei. Consultant

2 AWARD 1. This is an interest arbitration award under the provisions of the Hospital Labour Disputes Arbitration Act (''the Act"). It deals with the issues in dispute for the renewal of a Collective Agreement between tbe Providence Care Centre (the "Employer") and the Providence Manor Employees' Union, Locals 3010 and 301 OA of the Canadian National Federation of Independent Unions (the "Union"), with respect to the Employer's long-term care facility, the Providence Manor Charitable Long-Tenn Care Home in Kingston. The Collective Agreement expired on March 31, The Providence Manor Charitable Long-Term Care Home is one of three sites operated by the employer. It is a 243 bed long-term care facility that is classified by the Ministry of Health and Long Term Care as a charitable home. ft is home for 241 permanent residents who are mostly frail seniors, with stable medical conditions, requiring 24 hour nursing care and supervision in a non-acute setting. There are approximately 284 full time and part time employees in these two bargaining units. Local 3010 is a typical service unit comprised of registered practical nurses, health care aides, dietary, housekeeping, laundry aides, cooks, and some other service workers. Local 301 OA includes recreationists and a rehab assistant. The home also has a complement of approximately 16 registered nurses represented by ONA and approximately 20 management employees.

3 3. Negotiations for the renewal of the Collective Agreement between the parties took place on six dates between February 9/ 11 and March Conciliation was held on June 14/11. During negotiations, the parties reached agreement on a large number of issues and those items are set out in the union brief at exhibit 4. During the hearing the parties agreed to a two year term from April 1, 2011 to March 31,2013. The issues left to be resolved by this award are: (1) Retroactivity; (2) Wages; (3) Education Fund- Art. 2.6; ( 4) Footwear Allowance - Art ; (5) Clothing Allowance- Art ; (6) Vacation- Art & 13.2; (7) Medical Certificate - Art. 15.7(iv); (8) Benefits, Premium Payment for Extended Health, Dental and LTD - Art. l6(ii); and (9) Benefits, Vision Care - Art In arriving at its decision concerning the items described below the Board has given careful consideration to the oral and written submissions of the parties, the criteria which it is required to consider under s. 9 of the HLDAA, and other relevant legislation. 5. The Board orders that the renewal agreement will consist of the unchanged items from the collective agreement which expired on March 31, 2011, the items agreed by the parties themselves either before or during the hearing (including those found in Exhibit 4 of the Union's brief and at pages 8 to 12 of the Employer's brief), which are incorporated into this award, and the items we describe below on which submissions were made to us by the parties. 3

4 6. The items awarded below are effective from the date of this award, unless expressly stated otherwise. ISSSUE 1: RETROACTIVITY The union proposes the following provision: Increases on the sajary shall be retroactive and effective on the dates indicated in the award on all hours paid. Employees hired since April 1, 2011, shall be entitled to prorated adjustments to their wages from the date of employment. Employees who have terminated their employment prior to the date of this arbitration award will be notified by the [Employer] by registered mail within three (3) weeks of this award. Letters will be sent to the last address on ftle for those employees. Such employees will have thirty (30) days from the date of mailing to make claim for retroactive payment, after which the [Employer] shall no longer be liable. All other employees currently on staff will receive retroactive payments within two (2) pay periods of the date of the arbitration award. At the hearing the employer indicated that it was not opposed in principle to the union's proposal on retroactivity. However, it indicated that it would propose that there be four pay periods from the date of the award within which to make all retroactive payments to employees. The Board orders the following: 4

5 Increases on the salary shall be retroactive and effective on the dates indicated in the award on all hours paid. Employees hired since April l, 20 II, shall be entitled to prorated adjustments to their wages from the date of employment. Employees who have terminated their employment prior to the date of this arbitration award will be notified by the Employer by registered mail within three (3) weeks of this award. Letters will be sent to the last address on file for those employees. Such employees will have thirty (30) days from the date of mailing to make claim for retroactive payment, after which the Employer shall no longer be liable. All other employees currently on staff will receive retroactive payments within four (4) pay periods of the date of the arbitration award. ISSUE 2 WAGES The union proposed a general wage increase of 2% per year for all classifications on the wage grid for locals 3010 and 3010-A, to be effective on April 1, 2011 and April l, In addition, the union requested special adjustments (catch-up) to be implemented prior to the first general wage increase on April 1, for several classifications within the unit. It proposed $.90 per hour increases for dietary aides, housekeeping aides, housekeeping cleaners, and laundry aides. It proposed $.47 per hour increases for health care aides, personal support workers, and wellness center aides. In addition, it proposed $.47 per hour increases for the assistant cook, hairdresser, and porter. The employer was opposed to any general increase to the wage rates for the job classifications within the unit. It was also strongly opposed to the proposal to provide for catch-up adjustments 5

6 for some wage classifications within the bargaining unit. It argued that the union proposals for increases in wages were not realistic in the current economic climate and urged the board to be conservative and to act incrementally in the event that it decided that any increases were warranted. It proposed that rather than percentage increases to base wage rates, lump sum payments equivalent to 2% for full-time employees and prorated for part-time employees should be ordered for both Aprill, 2011 and April 1, In support of its proposal the Employer referred to the participating hospital awards for both ONA and OPSEU that were awarded in the summer of The Board orders the following: For Both Local3010 and 3010-A: Effective April I, 2011: a 2 /o wage increase to au classifications and rates in the current wage grid. Effective April!, 2012: a 2 /o wage increase to all classifications and rates in the April2, 2011 wage grid. For Local3010 only: Effective April I, 2012, to be imposed prior to implementation of the above mentioned general2 /o wage increase to take effect on Aprill, 2012, a special adjustment (catch-up increase) of$.30/hour for the following classifications : dietary aide, housekeeping aide, housekeeping cleaner, laundry aides, healthcare aide, personal support worker, and wellness centre aide. The Board notes that despite the employer's cogent arguments concerning the difficult economic circumstances faced by the employer and all Ontarians, the 2% annual increases ordered herein are clearly normative for the type of bargaining unit and the type of employer for the period covered by this collective agreement. 6

7 In terms of the spedal adjustment order, the board notes that the Burkett Award that ordered the wage provisions found in the expired collective agreement found that the union had made a good case for the need for some form of catch-up award for some classifications in the unit but noted that where that situation had arisen under a series of voluntary collective agreements the catch-up necessary to bring compensation in line cannot be done in a single step and needs to be done incrementally over a period of time. We believe that the special adjustments ordered herein are consistent with that award and its call for incremental measures. We also believe that the limited amount of catch-up, as compared to the levels requested by the union, provided for in the second year of the agreement, is cognizant of the employer's plea that we act with restraint. For clarity, we also note that we have denied the union's request for special adjustments for the assistant cook, hairdresser, and porter classifications. ISSUE 3 Education Fund - Art. 2.6 The union has requested a new collective agreement provision that would require the employer to pay $2000 for each year of the agreement into the CNF IU training and education fund. That provision would require the employer to remit the funds to the union on or before April 30 of each year. 7

8 No change. The Board orders no change. ISSUE 4 Footwear- Art The union sought to increase the annual allowance for safety footwear, for those employees required to wear safety footwear, from the current amount of$60 per year to $100 per year. No Change. The board orders that the current language in article be amended to provide for an increase in the annual allowance payable to full-time employees who are required to wear safety footwear from $60 to $7 5 payable once each calendar year upon presentation of a valid receipt. The language should also be amended to provide that part-time employees required to wear safety footwear will receive an annual allowance of $60 payable once each calendar year upon presentation of a vahd receipt. 8

9 ISSUE 5 Clothing Allowance- Art The union seeks to amend the language found in article to increase the annual clothing allowance for full-time and pro-rated employees from $100 to $135 and for part-time employees from $70 to $100. No Change. The board orders that the clothing allowance amounts for employees in both units provided for in article be amended to increase the annual allowance for full-time and pro-rated employees from $100 to $115 and for part-time employees from $70 to $80. ISSUE 6 Vacations - Art. 13 The union seeks two improvements to the current vacation entitlement requirements. It proposes the amendment of article 13.1 dealing with full-time employees to reduce the current entitlement threshold for five weeks of vacation from 16 years to 15 years. It also seeks to amend that same 9

10 article to reduce the current threshold for six weeks of vacation from 27 years to 23 years. In addition it seeks to amend article 13.2 dealing with vacation pay for part-time employees to amend the current threshold requirements for vacation pay for part-time employees. It seeks to reduce the current threshold of27,600 hours to 25,875 hours for entitlement to 10% vacation pay. In addition it seeks to amend the current threshold of 46,575 hours to 39,675 hours for entitlement to 12% vacation pay for part-time employees. Status quo. The Board orders that Article 13.1 be amended to provide, effective for the 2012 vacation year, for five (5) weeks of vacation for full-time and pro-rated employees after fifteen (15) years of service, and for six (6) weeks of vacation for full-time employees and pro-rated employees after twenty-five (25) years of service. The Board also orders that Article 13.2 be amended to provide, effective 1 anuary 1, 20 12, the vacation pay rate often percent (10%) for part-time employees after 25,875 hours worked, and the vacation pay rate of twelve percent (12%) after 43,125 hours worked. ISSUE 7 Medical Certificate- Sick Leave- Art

11 The union requested the addition of a new provision in Art. 15.7(iv) that would require the employer to pay the full cost of any medical certificates required by the employer. Status quo. The Board orders the addition of a new provision in article 15.7 (iv) to require the employer to pay the cost of any medical certificates required by the employer up to a maximum of $25 per certificate. ISSUE 8 Benefits - Premium Payments - Art. 16 (ii) The union proposed that article 16 (ii) be amended to increase the percentage of the monthly premium paid by the employer for extended health, dental and long-term disability benefit plans from the current 75% to 100%. The proposed amendment would also require the deletion of the current language requiring the employees to pay 25% of the monthly premium for these benefits Employer Posidon Status quo. 11

12 The board orders no change. ISSUE 9 Benefits- Vision Care- Art. 16 The union proposes two amendments to the current language of article 16 concerning vision care. It requested that the present vision care coverage of $150 for regular eyeglasses for each employee for every 24 months be increased to $175 for regular eyeglasses every 24 months. It also requested that language be added to article 16 to provide "The employer will pay up to $70.00 to cover eye exams for each employee every 24 months." The inclusion of this language in article 16 would result in an increase in the current coverage for $50 for an eye examination every 24 months (currently provided but not expressly referred to in article 16) to be increased to $70. Status quo. The board orders that the provisions of article 16 be amended in accordance with the Union's proposals concerning vision care. This order shall be effective 30 days after the date of this award to give the employer time to ensure the necessary coverage is in place. 12

13 The Board remains seized to deal with all remaining issues in dispute and with any issues arising from the implementation of this award. Done at Windsor, Ontario, this 19th day of March, Brian Etherington, Chair 13