IN THE MATTER OF AN ARBITRATION

Transcription

1 1667/C/Rosedale #529 BETWEEN IN THE MATTER OF AN ARBITRATION ROSEDALE 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) Ministry of Labour Ref.: # BR-CO-1-14 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 Employer is a retirement residence in Brockville. 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 8 full-time, 16 part-time employees. The bargaining unit consists of Dietary Aides, PSW / HCA and Unregulated Caregiver staff. 5. Notice to bargain for the current collective agreement was given on October 3, The parties bargained on various dates during The No Board report was issued on November 24, Term of the agreement 6. The agreed term of the renewal collective agreement is from January 1,

3 to December 31, 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 7 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 Add New - Benefits on Lay-Off In the event of a lay-off, provided the Employee deposits with the Home her share of insured benefits for the succeeding month (save for weekly indemnity for which laid-off Employees are not eligible) the Employer shall pay its share of the insured benefits premium for a period up to three (3) months from the end of the month in which the lay-off occurs, or until the laid-off Employee is employed elsewhere, whichever comes first.

4 3 ARTICLE HOURS OF WORK amend as follows: a) The regular work shift for full-time Employees shall be seven and one-have (7½) working hours per day exclusive of meal periods. The seven and one-half (7½) working hours per day will be worked within an eight (8) hour period. The Employer agrees that there shall be no split shifts e) Part-time amend as follows: In addition to scheduled shifts, on the master schedule part-time Employees will be called in for all other shifts on the basis of a rotating seniority basis according to their declared availability. Article Lunch or Meal Periods, amend as follows To be implemented within ninety (90) days of receiving arbitration award. Lunch or meal periods will be uninterrupted, except in cases of emergency. Should an Employee be recalled to duty during her mealtime, additional time shall be provided later in the shift. Employees who are required to remain in the building during their meal period will be paid one-half (1/2) hour straight time. Such time will not constitute an extension to their normal shift, nor will it be included in the calculation of hours for the purpose of overtime. Lunch / Break Room and locker Facilities for all Staff details of arrangement to be worked out at labour management meeting to allow employer time to access space. The Employer shall provide a proper lunch/break room. Additionally, the Employer shall provide private locker facilities for all Employees.

5 4 Article New Weekend Premium effective date of arbitration award: (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. Article 21 Vacations amend as follows: Length of Continuous Service Length of Vacation and Up to Amount of Vacation Pay Amend Eighteen (18) Sixteen (16) years New entitlement: Twenty-two (22) years Five (5) weeks at 10% of total Yearly gross earnings. Six (6) weeks at 12% of total gross earnings. New - 21XXXX For the purposes of this Article, gross earnings shall include all earnings from the previous year, including, but not limited to vacation payments. ARTICLE 22 HEALTH AND INSURANCE BENEFITS New: Benefits coverage to be listed in a standard table/chart in this article.

6 5 Benefits Details Rosedale Retirement Residence Hourly Employees Life Flat $25,000 Percent Minimum N/A Maximum Rounded NEM Reduction 50% age 65 Termination Age 70 Conversion Before Age 65 Life Waiver Definition Total Disability Termination Age 65 Dependent Life Spouse $10,000 Each Child $5,000 Termination Employee's 70th birthday or spouse / child no longer a dependent AD&D Flat Equal to Life Insurance Percent Max Rounded Reduction Termination Age 70 Conversion Before Age 65 Health Deductible Nil, except prescriptions Coinsurance 100% Hospital, Drugs & OOC Emergency, 80% for all others

7 6 Aggregate Maximum Hospital Drugs Paramedical max/ practioner $5,000,000 per insured, lifetime Semi-Private Drug Card - see below $300/ cy includes: Speech Therapist, Massage Therapist, Psychologist, Chiropractor, Osteopath, Chiropodist/ Podiatrist, Physiotherapist, Acupuncturist or Naturopath Rn or RNA $25,000 / 12 months Services Convalescent $20 per day Home Care Substance Semi-Private Abuse Treatment Facility OOC Not Covered Referrals Hearing Aids $500 / 5 years Orthopaedic $300 per calendar year Shoes Orthodics $300 per calendar year Survivor 24 months Benefit Termination Age 70 Travel Assist Yes Pay Direct Drug Card Definition Legally requiring a prescription Coinsurance 100% Deductible $6.00 per prescription Generic N/A Inclusions Diabetic Supplies, Preventative Vaccines, IUDs & Diaphrams, Contraceptive drugs, rings and patches

8 7 Exclusions Fertility drugs, Anti-Obesity drugs, Erectile Dysfunction drugs, Smoking Cessation products Vision Eyeglasses N/A Eye Exams Dental Deductible Nil Coinsurance 80% Maximum $1,500 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 employee benefit booklet for all homes to be forwarded to the Union representative Nursing Homes and Related Industries Pension Plan agree to amend as follows, effective date of arbitration award. In this Article, the terms used shall have the meanings as described:.01 Plan is defined as the Nursing Homes and Related Industries Pension Plan, being a multi-employer plan. Applicable Wages is defined as the basic straight time wages for all hours worked, including: i) the straight time component of hours worked on a holiday; ii) holiday pay, for the hours not worked; and

9 8 iii) vacation pay. All other payments, premiums, allowances and similar payments are excluded. Eligible Employee is defined as full-time and part-time Employees in the bargaining unit who have completed probation hours of service and who are not prohibited from contributing to the Plan by legislation or the Plan rules because of their age or because they are in receipt of a pension from the Plan..02 Each Eligible Employee covered by this Collective Agreement shall contribute from each pay period an amount equal to one two percent (1% 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 one two percent (1% 2%) of applicable wages to Plan. ARTICLE 30 TERM amend as follows: This agreement shall continue in effect from January 1, until December 31, and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other in writing, within ninety (90) days prior to the expiration date that it desires to amend or terminate this agreement. SCHEDULE A - WAGES Effective January 1,2015 increase all wages by 2% Effective January 1, 2016 increase all wages by 2% 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