11 Apr Ona Hospital Collective Agreement
In support of this interpretation, Adjudicator Reilly found that, in the development of the collective agreement, the parties agreed to separate sections with different rights in the event of long-term dismissal. He stated that the arbitrator had used the traditional canons of contract interpretation and read the relevant provisions of the collective agreement throughout the contractual context. The Arbitrator found that the language of the collective agreement, when read as a whole and all provisions obtain a vote, distinguishes long-term dismissals resulting from integration, as provided for in Article 10.14, and those caused by other inserthes. Ontario Arbitrator Frank Reilly recently dismissed a complaint by the Ontario Human Rights Association that the employer, St. Michael`s Hospital in Toronto, violated the collective agreement by failing to include retirement or separation benefits in the benefits options for nurses who are laid off. At St. Michael`s Hospital and the Ontario Nurses Association (April 2010), Adjudicator Reilly applied the traditional canons of conventional interpretation to the collective agreement and decided that the benefits provided to licensed nurses vary according to the grounds for dismissal. In these circumstances, the Saint-Michel Hospital was not required to grant retirement or separation allowances to dismissed nurses and the union`s political complaint was dismissed. Arbitrator Reilly`s decision indicates in part that the obligation to pay retirement and/or separation benefits does not appear in all cases. Hospital employers will be able to argue that compensation should not be due when there are positions open at the hospital. If the decision is beneficial to employers, it remains to be seen whether it will be followed by other arbitrators. The collective agreement between the Ontario Seniors Association (NIA) and St. Michael`s Hospital (the hospital) also applies to most unionized nurses in the province.
It requires hospitals to present a number of benefit options to nurses who are subject to long-term layoffs. Section 10.09 of the collective agreement provides opportunities for these nurses: in November 2008, St. Michael`s Hospital announced long-term layoffs for the union and seven nurses who were in the hospital. The termination had been scheduled due to the rationalization and reallocation of certain aspects of I.V. therapy. The parties agreed that the proposed eviction of the nursing staff concerned constituted dismissal under the collective agreement. At the time of the outings, the hospital was in recruitment mode and was actively looking for nurses outside the hospital to fill vacancies. Nurses affected by the dismissal were able to move into these positions. Each union focuses on the main activity of representing its members at the bargaining table. In this section, you`ll find information on THE collective agreements of NAU members and rate updates. Click here to find your local collective agreement. The Have Your Say Bargaining Survey 2020 is now live.