HomeMy WebLinkAboutUnion 05-25-04
.
. IN THE MATTER OF AN ARBITRATION
BETWEEN
STEVENSON MEMORIAL HOSPITAL
(The "Hospital")
AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
LOCAL 360
(The "Union")
APPEARANCES FOR THE HOSPITAL
Julie Cook, Director of Human Resources
.
APPEARANCES FOR THE UNION
Peggy Smith, Counsel
DATE OF HEARING April 21, 2005
DATE OF ORDER April 25, 2005
2
I was originally asked to hear five grievances arising out of a restructuring at the Hospital
in the spring of2004. At the hearing the parties agreed to proceed by way of a med-arb
process and the following orders are the result of that process.
With respect to grievance No. 04-360-740 - grievance of Donna Pollock regarding
breaks on the three hour shift, it is the order of the Board that the past practice which
allowed employees on this shift to request a break in accordance with article 18 of the
Collective Agreement, shall continue. The parties have indicated their intention to raise
this issue at the bargaining table and the past practice will continue until a new collective
agreement is executed.
With respect to grievances No. 04-360-070, 04-360-071 and 04-360-072, having
considered the submissions of the parties I fmd that the positions of Rehab Aide were
eliminated in the reorganization of June 2004 and that the two incumbents in the position
should have been laid off and given the right to bump into another position. In
accordance with Article 13 of the Collective Agreement, Ms. Vanleeuwewn would have
bumped the least senior person in the Unit Assistant classification, which would have
been Marie Phillips. Therefore it is the Order of the Board that Ms. Vanleeuwewn be
placed in the position as soon as possible after receipt of this Order and that Ms. Phillips
be laid of in accordance with her right to exercise her seniority under the provisions of
the Collective Agreement. Ms. Vanleeuwewn is to be credited with seniority as a full
time employee since June 8 , 2004 and Ms. Phillips is to retain any seniority she accrued
during the time she occupied the full time position.
Finally, grievance No. 04-360-075 alleged that people in the same classification were
being paid different rates of pay, contrary to the Collective Agreement. At the hearing
the Union raised another grievance that alleged that there was a similar disparity between
the shifts being allotted to people within a classification contrary to past practice. The
Hospital agreed to include that grievance with the former and this Order therefore deals
with both outstanding issues. It is the Order of the Board that the Hospital abide by the
.
3
terms of the Collective Agreement with respect to pay rates and that the practice of
distributing shifts continue to be done on a fair and equitable basis. The Collective
Agreement does not allow for individual contracts of employment without the consent of
the Union.
Dated this 25th day of April, 2005.
ot~.
.~ .........
Loretta Mikus
.
IN THE MATTER OF AN ARBITRATION
BETWEEN
STEVENSON MEMORIAL HOSPITAL
(The "Hospital")
AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
LOCAL 360
(The "Union")
APPEARANCES FOR THE HOSPITAL
Julie Cook, Director of Human Resources
.
APPEARANCES FOR THE UNION
Peggy Smith, Counsel
DATE OF HEARING April 21, 2005
DATE OF ORDER April 25, 2005
.
In furtherance of my Order of April 25, 2005, the Hospital is to pay to Debbie
VanIeeuwewn the sum of $ 1000.00 as lost wages for the period June 2004 to April 2005.
The parties further agree that the payment of this sum shall remain confidential.
Dated this 25th day of April, 2005.
~ ...
, ,
( ", .,' ,.', ,.'. '
~~..
Loretta Mikus