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Local Hospitals Arbitration
Award 2019

Overview

Thirty hospitals participated in the central SEIU Healthcare bargaining process, which is comprised of service and clerical units. As per the Memorandum of Conditions for Joint Bargaining, every issue during negotiations is either determined to be a central issue or a local issue. The central Memorandum of Settlement (MOS) was signed on April 22, 2018.

SEIU Healthcare, CUPE, and UNIFOR each signed identical memoranda’s dealing with all outstanding central matters. All other matters not deemed as appropriate for central were dealt with in local negotiations. Outstanding matters were dealt with at local issues arbitration. Local issues arbitration was held on October 20, October 21, December 1, and December 2, 2018.

What is a Memorandum of Conditions for Joint Bargaining (MOCJB)

  • Also referred to as the ‘terms of reference’, this document determines the bargaining unit participating in the central process.
  • The MOCJB stipulates timelines for negotiations, mediation, and arbitration.
  • Scope of Issues: this document sets the framework for having two separate sets of negotiations (local and central) and further outlines the topics that can be discussed at the central table versus issues that can be discussed at the local table.
  • In the absence of signing a MOCJB, each individual bargaining unit would have to bargain individually.

What is the difference between central issues and local Issues?

Central issues are commonly referred to as the ‘big ticket’ items and they pertain to all units.

  • Examples of central issues: general wage increase, benefits, pension, sick leave, and vacation entitlement.

Local issues are unique items that pertain only to the individual units that propose that specific issue.

  • Examples of local issues: special wage adjustments for a classification (i.e. RPN adjustment), uniform allowance, scheduling, vacation scheduling, etc.

Note: Every SEIU Healthcare hospital (with RPNs) has an outstanding proposal on the RPN special wage adjustment.

Who is involved in the process?

  • SEIU Healthcare
  • The Ontario Hospital Association (OHA), which bargains on behalf of all participating hospitals
  • SEIU Healthcare’s central bargaining committee, which represents SEIU Healthcare’s bargaining units and is comprised of members elected from the group of hospitals participating in the process.
  • OHA’s central bargaining committee, which is comprised of managers from the various participating hospitals

What happens if the parties reach an impasse in bargaining?

Hospital workers are not able to legally strike or be locked out. As a result, when hospital workers reach impasse at the negotiations table, the only recourse is to proceed to mediation or arbitration.

Mediation: a voluntary process where a neutral person assists the parties reach an agreement.
Arbitration: the final phase of the process, wherein a neutral third-party imposes a decision on the parties based on the evidence submitted by both sides.

The parties in central process have two separate arbitration processes in the event of impasse: One arbitration for central issues and one separate arbitration for local issues. Since the parties had outstanding local matters, SEIU Healthcare proceeded to local issues interest arbitration, which took place over four days of hearing: October 20, October 21, December 1, and December 2, 2018 .

The arbitration panel determines the items to be awarded, which is comprised of three people:

  • Union nominee (Harold Caley)
  • Employer nominee (Brian O’Byrne)
  • the arbitrator (William Kaplan)

The nominees act as advocates for each respective party, while the arbitrator is the final decision maker in the event of disagreement. The result of the local issues award is binding on both parties.

Mediation

A voluntary process where a neutral person assists the parties reach an agreement.

Arbitration

the final phase of the process, wherein a neutral third-party imposes a decision on the parties based on the evidence submitted by both sides.

The parties in central process have two separate arbitration processes in the event of impasse: One arbitration for central issues and one separate arbitration for local issues. Since the parties had outstanding local matters, SEIU Healthcare proceeded to local issues interest arbitration, which took place over four days of hearing: October 20, October 21, December 1, and December 2, 2018 .

The arbitration panel determines the items to be awarded, which is comprised of three people:

  • Union nominee (Harold Caley)
  • Employer nominee (Brian O’Byrne)
  • the arbitrator (William Kaplan)

The nominees act as advocates for each respective party, while the arbitrator is the final decision maker in the event of disagreement. The result of the local issues award is binding on both parties.

Overview of Award

RPN adjustment
Denied

Special wage adjustment: Pharmacy technicians
Match OPSEU, where applicable

Special wage adjustment: Registered technologists
Match OPSEU, where applicable

Individual Hospital Improvements
Alexandra Marine and General Hospital
Uniform allowance: increase to $150 (Full-time (FT)) and $100 (Part-time (PT))

Bluewater Health
Uniform allowance: increase to $150 (FT) and $100 (PT)
Effect of absence: standard language inserted
Union representation: current practice maintained, 7.5 hours/month

Cambridge Memorial Hospital
Union representation: current practice to be incorporated into collective agreement

Collingwood General & Marine Hospital
Memorandum of Understanding (MOU) re: Parking remitted to parties

Haliburton Highlands Health Services: Hospital
Registered Technologists to match OPSEU rate of pay, effective date of award (February 13, 2019).

Halton Healthcare
Scope: parties to memorialize current practice.

Hotel Dieu Shaver Health and Rehabilitation Centre
Uniform allowance: increase to $150 (FT) and $100 (PT)

Headwaters Health Care Centre
Uniform allowance: increase to $150 (FT) and $100 (PT)

Michael Garron Hospital, Toronto East Health Network
Uniform allowance: increase to $150 (FT) and $100 (PT)
Union Representation: parties to resolve issue surrounding current entitlement

Muskoka Algonquin Healthcare
Union representation: current practice to be incorporated
Uniform allowance: increase to $150 (FT) and $100 (PT)

Niagara Health
Uniform allowance: increase to $150 (FT) and $100 (PT)
Special Wage Adjustment: Pharmacy technicians to match OPSEU rate of pay, effective date of award (February 13, 2019).

North York General Hospital
Special Wage adjustment; $1.00/hour adjustment effective date of award (February 13, 2019).

Royal Victoria Hospital (RVH)
Uniform allowance: increase to $150 (FT) and $100 (PT)
Vacations: remitted to the parties
Letter of understanding (LOU) re: interviews: union proposal granted to delete
Union representation: Chief steward, 7.5 hours per month

Runnymede Healthcare Centre
Hours of work: remitted back to the parties

Sensenbrenner Hospital
Uniform allowance: increase to $150 (FT) and $100 (PT)

Southlake Regional Health Centre
Uniform allowance: increase to $150 (FT) and $100 (PT)

Thunder Bay Regional Health Sciences Centre
Uniform allowance: increase to $150 (FT) and $100 (PT)

West Park Healthcare Centre
Special Wage Adjustment: increase mobility aid wage rate by 1%, effective date of award (February 13, 2019).

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