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Issue 4: June 15, 2006
Implementation of new contract
HPD Central Memorandum of
Settlement Implementation Bulletin
Now that the HPD Central
Memorandum of Settlement has been ratified by the
parties, hospitals will be implementing the new terms.
This bulletin is to answer questions that members may
have about some of the new provisions.
1. Retroactivity
Q: What should we
watch for in our retroactive payments?
A: The first wage and
premium increases are effective and retroactive to April
1, 2006. For wages, all wage-related payments such as
percentage in lieu, vacation pay and SUB must be
recalculated with the new rates effective April 1, 2006.
On premiums, the difference between the old premium rate
and the new one must be paid on all premium hours
worked. The retroactive payments must be made within
four pay periods from May 25.
2. Health and Welfare
Benefits
Q: My hospital already
provided something superior on physiotherapy and massage
therapy – do we get to keep it?
A: OPSEU’s position is
that any bargaining unit that had a superior provision
on chiropractic, massage therapy, physiotherapy or any
other health and welfare benefit should continue to
receive it. For Extended Health Care Benefits, our
collective agreement says that hospitals will provide
the Liberty Plan or its equivalent. If certain hospitals
were previously providing something better than the
Liberty Plan as their interpretation of what is
equivalent, then they should not reduce the coverage
that they had been providing simply because the parties
negotiated something centrally that is better than the
Liberty Plan. The OHA has advised us that although they
are advising that hospitals to apply the negotiated
provision, the decision is ultimately up to the
hospital. If the hospital eliminates the superior
provision, the union should file a policy grievance and
any employees affected should file individual or group
grievances.
3. Article 10.08 –
Retention and Accumulation of Seniority on Transfer
Outside the Bargaining Unit
Q: How should we
negotiate accumulation of seniority for work outside the
bargaining unit?
A: Our language does not
provide for accumulation of seniority for an employee
who is transferred to a position outside the bargaining
unit. The hospitals wanted to give service and seniority
to such employees. OPSEU agreed that there may be unique
situations that arise where it may be appropriate for
service and seniority to accrue, and further agreed that
for these situations, the parties at the local level
could negotiate accumulation of seniority for specific
periods of time. Obviously, if the work involves any
kind of managerial work, for example, hiring, firing, or
disciplining of employees in the bargaining unit, then
we should not make such an agreement.
If the parties at the
local level do negotiate accumulation of seniority for
periods of time that employees are transferred out of
the bargaining unit, the agreement should take the form
of a letter of understanding that has been negotiated
with the assistance of and signed by the staff
representative and ratified by the membership.
4. Letter of
Understanding – Part-time Voluntary Benefits
At local negotiations,
the parties can negotiate that part-time employees will
have the option of participation in any and all group
health and welfare benefits programs set out in Article
20.01 of the central language, as long as the
participating employees pay 100 per cent of the
premiums. This means that the part-time employees would
be included in the same plan and pool as the full-time
employees and not put in a separate pool. Please note
that if there is no agreement at the local issues table,
the issue cannot be arbitrated.
5. Prescription Drug
Dispensing Fee
Q: What if my
pharmacist charges more than the $9 dispensing fee?
A: This is an area where
you may be able to negotiate something lower, whether
you fill your prescription at a hospital-based pharmacy
or at a retail pharmacy. The list of pharmacies and
their dispensing fees that was provided to us in
accordance with our memorandum of settlement (which has
been distributed to all local presidents and highest
ranking officers, as well as to the Staff
Representatives) shows that there is considerable
variation in dispensing fees charged within communities.
If your pharmacist charges above $9, they may agree to
charge you a lower fee if you threaten to take your
business elsewhere.
Your HPD
Central Bargaining Team
2006-08
Yves Shank, Chair
Sudbury
Regional Hospital—Local
659
Leslie Sanders,
Vice-Chair
Lakeridge Health Corp—Local
348
Sandi Blancher
London Heath Sciences—Local 106
Connie Ferrara
Rouge Valley Health—Local 311
Stephen Wallis
Guelph General—Local 231
Bryan Mitchell,
Mt. Sinai Hospital—Local
570
Boris Prus,
Huron
Perth Healthcare Alliance—Local
141
Researchers:
Michele
Dawson Haber
Gwen Jenkins
Negotiator:
Moya Beall
Authorized
by:
Leah Casselman, President
Bargaining
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