November 5, 2009 Issue 5

Difficult Times – Balanced Award

Everyone always wants to do better at arbitration, however we are gratified that we have an award that states strongly that our comparator is Nurses.  This positions us well for the upcoming round of bargaining.  It is important to note that the only reason the Board did not award the same wage increases as Nurses is because of the recession.

Wages:

The Board awarded

Effective April 1, 2009: 2.5% across the board wage increase

Effective April 1, 2010: 2.5% across the board wage increase

The Board noted that:

“… we accept that RN’s are the paramedical employees’ closest and strongest comparator for purpose of assessing rates of increase of pay.  If the economic situation had not changed in the meantime, we would have been inclined to award these workers the rates of wage increase that in February 2008 the RN’s negotiated centrally with hospitals for the same two years.”

The award provides for a reasonable wage increase in these economic times; however, we are concerned that it does not address the serious issue of staff shortages in our professions.

Wage Retroactivity

The parties agreed to add to the collective agreement the wage retroactivity language that we have used in the last three rounds, which was originally awarded by Arbitrator Bendel.  It provides for payment within four pay periods from the date of the settlement or award, on the basis of hours paid, to be paid on wage increases and any payments based on the wage rate, for example, per cent in lieu of benefits, vacation pay and SUB.

Sick Leave (HOODIP)

The Hospitals wanted to restructure the HOODIP plan in order to reduce the front end payments by 15 per cent which would have had a broad, sweeping effect on all employees.  The Union was not only able to counter this proposal, but further, we avoided the concept of a Joint Committee to discuss revisions, which forms part of the ONA agreement and was recently agreed to by CUPE in its most recent round of bargaining. 

The Board awarded the Hospital’s proposal to delete Article 15.04 from the collective agreement, because the language was deemed to be redundant.  The award further states that in granting this request, the Hospitals would be prevented from arguing in any future forum that the deletion alters their obligations.

Hours of Work and Overtime

The Hospitals were seeking the ability to unilaterally create shifts that are less than 7.5 hours for part-time employees.  The Union opposed any unilateral reduction in hours.  During the course of bargaining the Union agreed that the short shift issue could be dealt with at the local tables but only through Article 29.02, which requires mutual agreement.  The Board found no compelling evidence to award the Hospitals’ proposal. 

Standby and Call Back

The Board awarded an increase in the standby rates to $3.30 from $3.00 and $4.90 from $3.50 on holidays, effective April 1, 2010. 

The Board also awarded language to incorporate telephone consultation into the standby provision and a premium of 15 minutes pay at time and one-half for a call received between 0700 hours and 2300 hours and 30 minutes pay at time and one-half for a call received between 2300 hours and 0700.   Calls over and above the initial thresholds will be paid on the basis of 15-minute increments at time and one-half.

The Board awarded the Hospitals’ proposal to apply the four hour premium to successive calls received within that time period.  To ensure that this is not misinterpreted, the Board provided examples, as follows:

If an employee is called back at 1 a.m., leaves at 2 a.m., is called again at 3 a.m. and leaves at 5 a.m., the four hour minimum period that begins at 1 a.m. overlaps the first two hours of the four hour minimum period that begins at 3 a.m.  The employee is only paid once for the period 3 a.m. to 5 a.m., so the employee is entitled to six hours pay at time and a half for the period 1 a.m. to 7 a.m.

If an employee is called in at 12:15 a.m., leaves at 12:45 a.m., is called in again at 2 a.m., leaves at 2:30 a.m., is called in again at 3:30 a.m. and leaves at 4 a.m., the effect of paying the employee only once for the periods during which the three resulting four hour minimum entitlements overlap is that the employee is entitled to seven and one-quarter hours’ pay at time and a half for the period 12:15 a.m. to 7:30 a.m.

We add another example, to clarify further:

If an employee is called in at 1 a.m. and leaves at 2:00 a.m. and is called in again at 6:00 a.m. and leaves at 7:00 a.m., the employee would receive eight hours’ pay at time and one-half.

Weekend Premiums

The Union sought clarification that an employee on standby will be considered to have worked for purposes of Article 17.04 (b).   The Board awarded that a weekend on which an employee is required or scheduled to remain on standby for call back or telephone consultation is not a weekend “off,” nor is it “scheduled off.”  But a weekend on which an employee is required or scheduled to standby, but is not called back nor consulted by phone is not a weekend “worked.”  This means that in order to collect the premium for having worked consecutive weekends, an employee on standby would have to have been called in or consulted by phone.  For scheduling purposes it means the hospital cannot count standby as a weekend off.

Shift Premiums

The Board awarded an increase in evening, night and weekend premiums from $1.35, $1.60 and $1.75, respectively to $1.80, $2.20 and $2.35, respectively, effective April 1, 2010.

Health and Welfare Benefits

The Union was seeking improvements in many aspects of the benefit plan.  The Board awarded an increase in vision care from $200 to $300 and an increase in the optometry exam from $50 to $100, both effective January 1, 2010.  The Board declined to award the concessions sought by the Hospitals, that is, an 80/20 co-payment for benefits that are currently 100 per cent paid by the employer, and a reduction in the percentage in lieu for part-time employees by one per cent

Work of the Bargaining Unit and Contracting Out

The Board did not award our proposals for improvements in Work of the Bargaining Unit and Contracting Out language.

Vacation

The board did not award any of the vacation improvements that we were seeking.

Summary of Agreed Issues

The following are issues that were agreed to by the parties:

Competency of Casual Employees

The matter of scheduling part-time employees so they maintain competency can be discussed in local bargaining

Definitions of Full-Time, Regular Part-Time, Casual Part-time or Temporary Employees – Article 2

-         Existing definitions in collective agreement will continue unless the parties agree to move to the central language

-         A full-time employee is regularly scheduled to work the normal full time hours in Article 16

-         Regular part-time employee regularly works less than the normal weekly full time hours referred to in Article 16 and who commits to be available for work on a regular pre-determined basis

-         A casual part-time employee is not regularly scheduled and does not commit to be available for work on a regular pre-determined basis

-         A temporary employee is defined in accordance with Article 13.01

Accommodation, Modified Work:  Articles 3.04, 21.01

-         additional language stating the goal is, where possible, to return the employee to full, active duty in the workplace through a safe and expedient process

-         modified work language amended to remove the word “endeavour.”

Professional Responsibility (Workload Complaint Process): Article 6.03

Workload complaint form and process to attempt to resolve at the departmental level, prior to existing process (i.e. Labour Management Committee, then CEO/COO)

Health and Safety:  Article 7

- renumbering within the article

-         Hospital to discuss changes in policies, procedures or programs pertaining to health and safety with the Union, may include workplace violence, musculoskeletal injury prevention, sharps, working alone, wellness (Article 7.02)

Precautionary Principle:  Article 7.03

The Hospital will not await full scientific or absolute certainty before taking reasonable action(s) that reduce risk and protects workers.

Pandemic Planning:  Article 7.10

If reasonable indications of emergence of a pandemic, an employee working at more than one health care facility will, at the hospital’s request, provide information of such employment.  No consequence will flow from the disclosure other than as strictly necessary to prevent the spread of infection.

Job Posting, Promotion and Transfer (Temporary Vacancies):  Article 13.01

-         Where temporary vacancies occur as a result of special one-time funding, the parties may agree to extend the timeline

-         Where regular or casual part-time workers fill temporary full-time vacancies, they shall maintain their regular or casual part-time status

-         Probationary period does not apply to employees newly hired to fill temporary vacancies during the period of the assignment 

Sick Leave: Article 15.06

Waiting period for application to the hospital for payment while awaiting WSIB approval changed from “one complete pay period” to “one complete shift”

Collective Agreement

-         collective agreement to include a copy of the central grid and a detailed wage page

-         collective agreement to be printed within 60 days of its signing (Article 31)

Vacations:  Article 19

-         Entitlement for part-time employees incorporated into collective agreement

-         Vacation payouts for part-time employees can be raised during local bargaining

-         Clarification that any vacation improvements determined in accordance with the system in place at the hospital

-         Clarification on use of supplemental vacation

Letters of Understanding

-         delete letters on safety-engineered sharps, full-time, regular part-time, casual part-time and temporary employees

-         renew letters on integration, part-time voluntary benefits, OPSEU Joint Trust Benefits Fund (with updated contact info) and Joint Central Committee on Health and Safety

Layoff and Recall:  Article 11.03

Time period for employees in receipt of notice of layoff  to indicate their choice of options increased from seven to 14 calendar days

Retroactivity of Wages: Article 33

Language to be incorporated into the collective agreement, providing for payment within four pay periods from the date of the settlement or award, on the basis of hours paid, to be paid on wage increases and any payments based on the wage rate, e.g. percentage in lieu of benefits, vacation pay and SUB.  Hospital to contact former employees at last known address within four pay periods to notify them of their entitlement to retroactivity.  Former employees have four pay periods from the date of the notice to claim.

Compensation (New or Changed Classifications): Article 25.01

Removal of reference to the O’Shea award

Term:  Article 32

Expiry March 31, 2011 (two years)

Thanks for your strong support!

Your bargaining team is deeply appreciative of your strong support throughout this process.  Please stay tuned for updates on local issues arbitration and implementation of the central award.

 

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