Interest Arbitration decision for OPSEU/SEFPO Hospital Professionals

Interest Arbitration decision for OPSEU/SEFPO Hospital Professionals

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IN THE MATTER OF AN INTEREST ARBITRATION BETWEEN:

The Participating Hospitals and OPSEU

 

Before:                                       William Kaplan, Chair

Brett Christen, Hospitals’ Nominee Joe Herbert, Union Nominee

 

Appearances

 

For the Participating

Hospitals:                                  Carolyn Kay Hicks Morley

Barristers & Solicitors

 

David Brook David McCoy Sadia Bekri Philip Cifarelli Joyce Chan

Ontario Hospital Association

 

Bree Gaber Quinte Health Care Bryan McNevin Collingwood General & Marine Hospital Kelly Hanselman North Bay Regional Health Centre

Susan Sedgman Royal Victoria Regional Health Centre

 

Peter Kronenberg South Huron Hospital Association

Jim Tsourgiannis Mackenzie Health Participating Hospitals Bargaining Committee

 

 

For the Union:        Michèle Dawson Haber Senior Research Officer Marc Casey, Negotiator Robert Hickey, Consultant

Karen Marchesky, Research Officer Rachael Williams, Research Officer OPSEU

 

Sandi Blancher, Chair Betty Palmieri, Vice-Chair Brenda Allan

Adrian Balojin Steve McCaw Kelly Richmond Bev Weaver

Members of the Bargaining Team

 

 

 

The matters in dispute proceeded to a hearing held by Zoom on June 23, 2022.

 

Introduction

 

This Board of Interest Arbitration was consensually convened to resolve the outstanding issues in dispute and resolve the Central Collective agreement between 49 Participating Hospitals and OPSEU, the representative of 12,536 employees in 59 bargaining units. The members of the various bargaining units are diagnostic, therapeutic and rehabilitation professionals working in a wide variety of classifications. The previous collective agreement expired on March 31, 2022.

Notice to bargain was given on December 3, 2021. On March 30, 2022, the parties signed the Memorandum of Conditions for Joint Bargaining. Bargaining took place in April and May of 2022 and mediation followed. The No Board was issued on May 27, 2022 and the outstanding matters in dispute proceeded to a hearing by Zoom on June 23, 2022.

 

 

In determining the outstanding issues we are constrained by Bill 124, Protecting a Sustainable Public Service for Future Generations Act, 2019. In addition, there are governing statutory criteria, as well as normative ones, especially replication – the replication of free collective bargaining – that have been taken carefully into account along with the submissions fully detailed in the parties’ briefs and accompanying exhibits. Mention must also be made of the extraordinary contribution these employees have made to the health care system and the people

 

of Ontario during the COVID pandemic. As the Participating Hospitals acknowledged in their brief, these employees “have been critical to supporting the response to the pandemic [and] have worked together to … perform their roles in challenging circumstances that they have never faced before ….”

 

 

The Central Collective Agreement settled by this award shall consist of the prior unamended terms of the previous agreement, the items agreed to in bargaining and the terms of this award. Any union or Participating Hospitals’ proposal not specifically addressed in this award is deemed dismissed. However, we note that during central negotiations the parties discussed the application of consecutive weekend provisions to part-time employees. The parties agreed that notwithstanding the preamble contained in Article 17.05 (b), regular part-time consecutive weekend provisions are appropriate for local bargaining effective the 2022 round of local bargaining. As well, the parties discussed time off between a call back and a scheduled shift and confirmed that the issue is also appropriately local effective the 2022 round of local bargaining.

 

 

Award Term

As agreed: April 1, 2022 to March 31, 2025.

 

 

Wages
April 1, 2022: 1%
April 1, 2023: 1%
April 1, 2024: 1%

 

 

 

 

Additional Compensation (Remainder)

 

Effective April 1, 2022

 

Increase evening premium by 11 cents. Increase night premium by 14 cents.

Increase weekend premium by 15 cents.

 

 

 

Effective April 1, 2023

 

Increase evening premium by 5 cents. Increase night premium by 4 cents.

Increase weekend premium by 3 cents.

 

Six weeks vacation after 20 years for full-time employees and the corresponding improvement for part-time employees.

 

Effective April 1, 2024

 

Increase evening premium by 2 cents. Increase night premium by 1 cent.

Increase weekend premium by 5 cents.

 

Introduce Health Spending Account for Full-time active employees of $100.

 

 

 

Notice of Elimination of a Position

 

Add:

 

11.03 (B) Elimination of a Position

In the event of the elimination of a vacant position or in circumstances where the Hospital decides not to fill a vacated position, the Union will be provided with notice at the time the decision is made.

 

The Hospital shall meet with the local Union to review the following:

 

  1. The reasons causing the elimination

 

  1. The service the Hospital will undertake after the elimination

 

  • The Union’s proposed possible alternatives to the elimination, if any

 

 

 

Reopener

 

We remain seized with respect to a reopener on monetary proposals in the event that OPSEU is granted an exemption, or Bill 124 is declared unconstitutional by a court of competent jurisdiction, or the Bill is otherwise amended or repealed.

 

Conclusion

 

At the request of the parties, we remain seized with respect to the implementation of our award.

 

 

DATED at Toronto this 7th day of July 2022.

 

“William Kaplan”

William Kaplan, Chair

 

“Brett Christen”

Brett Christen, Participating Hospitals’ Nominee

 

“Joe Herbert”

Joe Herbert, Union Nominee