September 2022
Interest Arbitration Awards
[ON] September 30, 2022; Service Employees International Union Local 1 Canada v Michael Garron Hospital SEIU represents approximately 26 employees at the Hospital’s Withdrawal Management Centre, working as counsellors and day counsellors. The term of the renewal agreement is from October 11, 2020 to October 10, 2022. The following wage adjustments were awarded: 1% effective October 11, 2020 and 1% effective October 11, 2021.
[ON] September 21, 2022; Chartwell Trilogy Long Term Care v Canadian Union of Public Employees and its Local 4811 CUPE represents approximately 256 employees at the Home who work in an all employee bargaining unit. The term of the renewal agreement is August 1, 2020 until July 31, 2022. Wage increases of 1.5% effective August 1, 2020 and 1.5% effective August 1, 2021.
[ON] September 19, 2022; Canadian Blood Services v Ontario Public Service Employees Union, Locals 160, 200, 210, 477, 5103 OPSEU represents four bargaining units of CBS employees. This decision addresses a preliminary issue, namely whether the Protecting a Sustainable Public Sector for Future Generations Act, 2019 ( “Bill 124”) applies to this collective agreement.
[ON] September 18, 2022: Trafalgar Lodge (Revera) v Canadian Union of Public Employees, Local 4762-03 CUPE represents approximately 50 employees who work in an all employee bargaining unit, in roles including RN, RPN, Guest Attendant, Dietary Aide/Housekeeping, Laundry/ Receptionist Aide and Unregulated Care Professional. The term of the renewal collective agreement is from January 1, 2021 until December 31, 2022. The following wage adjustments were awarded: effective January 1, 2021 all rates increased by 2%; effective January 1, 2022 all rates increased by 2%.
[ON] September 18, 2022: Bough Beeches Place (Revera) v Canadian Union of Public Employees, Local 4987 CUPE represents approximately 44 employees who work in an all employee bargaining unit, in roles including RPN, Resident Attendant, Dietary/Laundry/Housekeeping, Shift Coordinator, Breakfast/PT Cook, and Activity Director/Activity Coordinator. The parties agreed that the term of the renewal collective agreement will be for three years from January 29, 2020 until January 28, 2023. The following wage adjustments were awarded: effective January 29, 2020 all rates increased by 2%; effective January 29, 2021 all rates increased by 2%; effective January 29, 2022 all rates increased by 2%; and a special adjustment of 3% to be made to all classifications just prior to the January 29, 2022 general wage increase.
Labour Arbitration Awards
[ON] September 28, 2022; Ontario Nurses’ Association v Manitoulin Lodge Arbitrator concluded that there was serious misconduct that warranted significant discipline of the grievor, and that termination of employment was within the range of reasonable disciplinary responses.
[BC] September 26, 2022; Health Employers Association of BC v Health Science Professionals Bargaining Association The Association’s grievance succeeds in part. It established a Me Too claim in the amount of $9,442,000 which must be paid along with interest calculated in accordance with the Court Order Interest Act.
[BC] September 19, 2022; BC Emergency Health Services v Ambulance Paramedics of BC – CUPE Local 873 Arbitrator declared that under Article 13.02(a), the Employer was not entitled to consider external applicants for the purposes of posting and filling community paramedic vacancies. The Employer accordingly breached that Article when it posted Community Paramedic vacancies externally.
[NB] September 15, 2022; New Brunswick Union of Public and Private Employees v Horizon Health Network (ZONE 3) Arbitrator concluded that the decision to terminate the grievor’s employment was unreasonable, because the Employer was not able to demonstrate that her absenteeism was excessive. Grievor ordered to be reinstated.
[BC] September 12, 2022; British Columbia Emergency Health Services v Ambulance Paramedics of British Columbia
[ON] September 9, 2022: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) v Conmed Health Care Group Arbitrator concluded that the collective agreement requires the employer to calculate the vacation pay percentile on all wages paid, which includes the vacation pay. However, the Union’s contention that gross wages includes the uniform allowance and ought to be included in the calculation for vacation pay is rejected.
[ON] September 7, 2022: Sinai Health System (Mount Sinai Hospital Site) v National Organized Workers Union Arbitrator finds that an absence from work while in receipt of disability benefits is not an “unpaid leave”, and that service for purposes of vacation time continues to accrue while absent from work due to disability.
[SK] September 6, 2022: Saskatchewan Health Authority v Health Sciences Association of Saskatchewan Employer violated the collective agreement by its calculation of the annual increment dates for the two grievors that were different than their respective dates of hire.
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