HomeMy WebLinkAboutAdams/Union 14-06-13Between:
In the matter of an Arbitration
Pursuant to the Ontario Labour Relations Act, S.O. 1995
ROYAL OTTAWA HEALTH CARE GROUP
-and-
(the Employer)
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 439
(the Union)
Grievance of Kelly Adams and Union; Overtime, Seniority List, Shift Schedule
2013-0439-0006 and 0008
AWARD
Paula Knopf - Arbitrator
APPEARANCES
For the Employer: Michelle O'Bonsawin, Counsel
Sherley Merise, Student -at -law
Lise Belanger
Anna Maria DeAngelis
Joan Garrow
For the Union: Andrew Reeson, Counsel
Kevin Hudson
Cindy Ladouceur
Kelly Adams
The hearing of this matter was held in Brockville on June 13, 2014
This case involves a Union and individual grievance concerning the seniority list
and assignment of work. The rights of the Union and the Grievor depend upon
the wording of the Collective Agreement and the past practice of the parties. The
purpose of this Award is to bring clarity to the parties' respective rights and to
assist them in the future.
Having considered the evidence and the submissions of the parties, I hereby
declare and award as follows:
The Employer shall continue to implement its past practice of staffing
vacant shifts and temporary positions by using the causal and part-time
seniority list for the RPNs on a bi-weekly basis. The bi-weekly seniority
list shall be delivered to the local Union President as of the next following
the release of this Award.
2. Effective September 21, 2014 the Employer shall implement the same
practice as set out in para. 1 for the rest of the Service and Clerical Unit.
This bi-weekly seniority list shall be delivered to the Local Union President
thereafter.
3. As of September 21, 2014, the Employer will cease providing the Local
Union President with a quarterly seniority list for the bargaining unit.
4. For purposes of accumulating seniority during pregnancy and parental
leave, a casual or part-time employee shall be deemed to accumulate
seniority hours based on the average hours worked by that employee in
the ten pay periods preceding the leave.
5. The Employer shall credit Kelly Adams with 410 hours as of next bi-weekly
seniority list following the release of this Award.
I remain seized with regard to implementation.
Dated at Brockville this 13th day of June, 2014
Paula Knopf - Arbitrator