Harmonization of Composite Collective Agreements and Renewal

Transcription

1 0 IN THE MATTER OF AN MEDIATION/ARBITRATION BETWEEN: SUNNYBROOK HEALTH SCIENCES CENTRE [ the Employer ] AND: SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA [ the Union ] RE: Harmonization of Composite Collective Agreements and Renewal SOLE ARBITRATOR: Kevin M. Burkett FOR THE EMPLOYER: Matthew Sutcliffe Rosanna DiNunzio David Draffin Daniel Fernando Adrian Hascal Tabitha Keast Teresa Korogyi Katie Maloney Anne Marie Phillips Noura Shaw Justin Stone - Director, Labour & Employee Relations, Legal Counsel - Patient Care Manager - Human Resources - Manager, Environmental Services - Human Resources - Human Resources - Patient Care Manager - Patient Care Manager - Supervisor, Phlebotomy - Human Resources - Patient Care Manager FOR THE UNION: Denis W. Ellickson Karen Brennan Sarah Correia Todd Davis Michael Greenway - Legal Counsel - Labour Relations Consultant - Union Representative - Union Representative - Research Associate Mediation/Arbitration in this matter was held on September 26 & 27, 2015 in Toronto

2 1 A W A R D I was appointed under the Hospital Labour Disputes Arbitration Act, RSO 1990, c. H. 14 ( HLDAA ) as an arbitrator to adjudicate upon the issues in dispute between the parties in respect of the negotiation of a replacement collective agreement effective October 11, The prior expired collective agreement was a composite collective agreement following a Public Sector Labour Relations Transition Act, 1997, S.O. 1997, c. 21, Sched. B ( PSLRTA ) application. As a result of that application, St. John s Rehabilitation Hospital merged with Sunnybrook Health Sciences Centre and the SEIU, Local 1 Canada was confirmed as the bargaining agent of for the composite bargaining unit. The St. John s Rehab service bargaining unit employees were previously represented by CUPE, Local 790. The parties met to bargain on eight occasions commencing in August The parties made extensive submissions with respect to both the harmonization of the three collective agreements that comprised the composite collective agreement and with respect to the October 10, 2013 renewal of that collective agreement. Having considered these submissions it is my Award that the parties enter into a renewal collective agreement that on agreement of the parties is to be effective from October 11, 2013 until December 31, 2017 that contains all the terms and conditions set-out in the SEIU Local 1 collective agreement that expired October 10, 2013 that is the renewal collective agreement under PSLRTA except as amended to incorporate the following: 1. The Minutes of Settlement ( MOS ) between the Participating Hospitals and SEIU, Local 1 Canada dated December 6, 2013 shall apply to the replacement collective agreement between Sunnybrook Health Sciences Centre and SEIU, Local 1 Canada Service Full-Time and Part-Time bargaining unit except as follows: (i) All wages and benefits including uniform and safety footwear allowance shall be retroactive to September 28, 2013 for former CUPE members and October 11, 2013 for SEIU members; except that the increase to standby pay, vacation entitlement, shift premium, chiropractor and physiotherapy services which shall be effective to the date of this Award;

3 2 (ii) The lump sum payments shall be available to all employees for the first and second year of the agreement; (iii) The Letter of Understanding Re: Chief Steward Monday to Friday Day Shift is to be renewed; (iv) The Letter of Understanding Re: Overtime Lieu Time is to be renewed; (v) The Letter of Understanding Re: Staff Planning Committee and Charney Board is to be renewed as amended; (vi) The Letter of Understanding Re: Distribution of Additional Shifts is to be renewed as amended; (vii) The Letter of Understanding Re: Professional Responsibility Workload Review Form is to be renewed as amended; (viii) The Letter of Understanding Re: Joint Benefits Review Committee is to be deleted; (ix) The Letter of Understanding Re: Standardization Committee is to be deleted; (x) The Letter of Understanding Re: Joint Nursing Initiatives Council is to be deleted; (xi) The Letter of Understanding Re: Joint Health and Safety Initiatives Council is to be deleted; (xii) The Letter of Understanding Re: Innovative/Flexible Scheduling is to be renewed as amended; (xiii) The Letter of Understanding Re: Part-time Call-in is to be renewed as amended; (xiv) The Letter of Understanding Re: Regional Staff Planning Committees is to be deleted; 2. Current superior conditions for former CUPE members shall be maintained which include health and welfare benefits, parking, swimsuit allowance (former CUPE members and SEIU

4 3 members working at the St. John s site), tool allowance (former CUPE members and SEIU members working at the St. John s site), and Easter Monday (versus Float Holiday). 3. The parties will enter into a Letter of Understanding ( LOU ) addressing the harmonization of classifications and wage rates. Any increase in wage rates arising from this LOU shall be retroactive to June 8, Language amendments as follows: 5.03 Employee Lists The Hospital will supply the Union with an up-to-date Seniority List for each work site every six (6) months, such list to shall contain the names of employees, job classification, adjusted service date, and date of employment. The Hospital agrees to provide the Union with employee addresses on an annual basis and will endeavour to provide this information in an electronic Excel format on a template provided by the Union. The Union agrees to keep the Hospital harmless from any claims against it by an employee which arise out of any deduction or information provided under this article It is understood that Full-time applicants will be considered for Full-time vacancies before Part-time applicants, and Part-time applicants will be considered for Part-time vacancies before Full-time applicants Ratio of R.N.'s to R.P.N.'s (Full-time and Part-time) At the time of considering whether or not to alter the ratio of R.N.'s to R.P.N.'s in any department, the Hospital agrees to consult with the Union in advance of any decision being made and, again in advance of any decision being made, the senior administrator of the Hospital agrees to meet with, and to entertain submissions from, the Union with respect to the merits of maintaining the existing ratio. In addition to the above process and apart from it where a change in the ratio is planned by the Hospital and it does not arise because of employee retirement, resignation or death then it can only be carried out following a full and complete disclosure to the Union of the plan and the Hospital and the reasons for it. After full and complete disclosure to the Union, the Hospital and Union are to meet and discuss the plan and the reasons with a view to possibly modifying them including maintaining the existing ratio. The planned change in the ratio cannot be implemented by the Hospital for a period of forty-five (45) days from the date of full and complete disclosure to the Union; and only implemented if there has

5 4 been the consultative process required by this clause carried out in good faith by the Hospital c) Daylight Savings/Standard Time Change The normal hours of work presently in effect shall remain in effect for the term of this agreement. It is understood normal hours include those required to accommodate the change from Daylight Saving Time and vice versa to which the other provisions of the Articles dealing with Hours of Work and Overtime do not apply. It is further understood that the amount of regular pay for full normal hours worked in consequence of such change from Daylight Saving Time to Standard Time and vice versa. The provisions of this Article are intended only to provide a basis for calculating time worked and shall not constitute a guarantee of hours of work per shift or per week or for any period whatsoever, nor a guarantee of working schedules. ARTICLE 21 - VACATIONS Entitlement and Calculation of Payment (Full-time) An employee who has completed less than one (1) year of continuous service as of the anniversary date of hire shall be entitled to two (2) weeks' annual vacation. Payment for such vacation shall be pro-rated in accordance with his/her service. An employee who has completed one (1) year but less than two (2) years of continuous service as of the anniversary date of hire shall be entitled two (2) weeks annual vacation with pay. An employee who has completed two (2) years but less than five (5) years of continuous service as of the anniversary date of hire shall be entitled to three (3) weeks' annual vacation with pay. An employee who has completed five (5) years but less than thirteen (13) years of continuous service as of the anniversary date of hire shall be entitled to four (4) weeks' annual vacation with pay. An employee who has completed thirteen (13) years but less than twenty-one (21) years of continuous service as of the anniversary date of hire shall be entitled to five (5) weeks' annual vacation with pay. An employee who has completed twenty-one (21) but less than twenty-eight (28) years of continuous service as of the anniversary date of hire shall be entitled to six (6) weeks' vacation with pay.

6 5 An employee who has completed twenty-eight (28) or more years of continuous service as of the anniversary date of hire shall be entitled to seven (7) weeks annual vacation with pay. For clarification, an employee will not be eligible to receive the seventy (7 th ) week of vacation where they have already received the additional five (5) days of supplemental vacation in the same vacation year. Part-time and Casual A Part-time employee who has completed less than 3,450 hours of continuous service as of the anniversary date of hire shall receive 4% of gross earnings. A Part-time employee who has completed 3,450 hours but less than 8,625 hours of continuous service as of the anniversary date of hire shall receive 6% of gross earnings. A Part-time employee who has completed 8,625 hours but less than 22,425 hours of continuous service as of the anniversary date of hire shall receive 8% of gross earnings. A Part-time employee who has completed 22,425 hours but less than 37,950 hours of continuous service as of the anniversary date of hire shall receive 10% of gross earnings. A Part-time employee who has completed 37,950 hours but less than 48,300 hours of continuous service or more as of the anniversary date of hire shall receive 12% of gross earnings. A part-time employee who has completed 48,300 hours of continuous service or more as of the anniversary date of hire shall receive 14% vacation pay. For clarification, an employee who has received an additional 2% of gross earnings as a result of completing 51,750 hours or 60,375 hours in the vacation year that this agreement is effective shall not be eligible to receive 15% vacation pay until the following vacation year. Full Time An employee who has completed the following number of continuous years of service: But less than the following number of continuous years of service: Is entitled to the following percentage of paid vacation: 1 2 (2 weeks) 2 5 (3 weeks) 5 12 (4 weeks) (5 weeks) (6 weeks) 28 (7 weeks)

7 6 Vacation pay shall be calculated on the basis of the employees regular straight time rate of pay times her or his normal weekly hours of work, subject to the application of the Effect of Absence provision. Part Time An employee who has completed the following number of continuous hours of service: But less than the following number of continuous hours of service: Is entitled to the following percentage of vacation pay, and the equivalent unpaid time off: Less than 3,450 4% 3,450 8,625 6% 8,625 20,700 8% 20,700 34,500 10% 34,500 48,300 12% 48,300 14% For the purpose of this Article, gross earnings include, in part, percentage in lieu of benefits and exclude vacation pay. Vacation pay shall be paid out on each pay stub Vacation Credit Bank (Full-time) Employees may accumulate vacation credits up to a bank the maximum of the equivalent of eighteen (18) months accrued credit vacation accrual at an given time. For clarity, this means that an employee with an entitlement to 4 weeks vacation shall not accrue more than 6 weeks equivalent vacation in their bank Insured Benefits (Full-time) Effective date of award services of a chiropractor will be covered up to an annual maximum of $ $375.00; and services of a licensed or registered physiotherapist will be covered up to an annual maximum of $ $ Printing of Collective Agreements Where the parties agree to provide a printed edition of the collective agreement to employees, the following conditions shall apply:

8 7 i. The Hospital and Union must agree on a final draft of the collective agreement, including the covers, before sending it to the printer ii. The collective agreement will be printed at the Hospital s in-house Print Shop iii. The Hospital and Union will share the costs associated with the printing of the collective agreement 5. Arbitrator Burkett shall remain seized of any disputes arising from the harmonization process and the interpretation and application of this Award. Signed and dated this 27 th day of September, Kevin Burkett Kevin M. Burkett