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HomeMy WebLinkAboutUnion 08-03-25 IN THE MATTER OF THE HOSPITAL LABOUR DISPUTES ARBITRATION ACT AND IN THE MATTER OF AN ARBITRATION BETWEEN: LONDON HEALTH SCIENCES CENTRE ("the Hospital") - and - OPSEU and its LOCAL 106 ("the Union ") regarding the remaining issues in dispute with respect to a first collective agreement covering the casual and part time laboratory employees The Board awards as follows: 1. The Wage and Classification and Job Titles Appendices to the first collective agreement will include under the category Technician II, the classification Laboratory Assistant II and will include under the category Technician III, the classification Laboratory Assistant III. 2. Effective April 1, 2008 all part-time employees currently classified as Laboratory Assistant II who are qualified in that they are either CSMLS certified, OSMT certified or are certified by another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario and have provided a copy of such certification to the Hospital or will in the case of Diny Dobler and Dina Trinh provide it by April 25, 2008, will be reclassified as Laboratory Assistant Ills under the Technician III category and will be paid the Technician III rate of pay effective April 1, 2008. DM_ TOR/203713-00220/2453684.1 - 2- A list of such employees is attached as Schedule 1. 3. All part time employees currently classified as Laboratory Assistant II but who are not qualified (in that they do not have certification from CSMLS, OSMT or another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario) will continue to be classified as Laboratory lIs under the Technician II category and will continue to be paid the Technician II rate of pay. A list of such employees is attached as Schedule 2. In the event a part time employee currently classified as a Laboratory Assistant II obtains her or his CSMLS or OSMT certification or certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario on or before April 30, 2010, that employee will then be reclassified as a Laboratory Assistant III under the Technician III category and will be paid the Technician III rate of pay effective the date shelhe obtains herlhis CSMLS or OSMT certification or certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario provided this occurs on or before April 30, 2010. 4. The parties agree that there is insufficient information available at this time in order to determine whether Lorraine Swanson, Irene Flinn and Lisa Migchels should be on Schedule 1 or Schedule 2. These employees will have until April 25, 2008 to produce proof to the Hospital that they have CSMLS or OSMT certification or certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario. If such timely proof is produced the employee concerned will be added to Schedule 1 and paragraph 2 above will apply to her. If such proof is not produced by April 25, 2008 the employee concerned will be added to Schedule 2 and paragraph 3 above will apply. 5. Any part time employee who claims that she or he has been incorrectly placed on Schedule 2 because she or he does in fact have CSMLS or OSMT certification or DM_ TOR/203713-00220/2453684.1 - 3- certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario shall have until April 25, 2008 to provide proof of such certification to the Hospital. If satisfactory proof is produced by April 25, 2008 the employee concerned will be added to Schedule 1 and paragraph 2 above will apply to her or him. If satisfactory proof is not produced by April 25, 2008 the employee concerned will remain on Schedule 2 and paragraph 3 above will continue to apply to him or her. 6. Effective on and after April 1, 2008 any regular part time Laboratory Assistant II position that becomes vacant through attrition will be eliminated. 7. Effective on and after April 1, 2008 all vacant as well as any newly created regular part time Laboratory Assistant positions will be classified as Laboratory Assistant III positions under the category Technician III. Employees bidding on such positions must have the necessary Laboratory Assistant III qualifications including CSMLS or OSMT certification or certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario, in order to be eligible for these positions. 8. An employee currently classified as a Laboratory Assistant II who does not obtain her/his CSMLS or OSMT certification or certification from another agency recognized by the Laboratory Licensing Branch of the Ministry of Health of the Province of Ontario on or before April 30, 2010 will only be able to become classified as a Laboratory Assistant III under the Technician III category if she/he is successful in bidding for a newly created or vacant Laboratory Assistant position on or after April 30, 2010. 9. Employees who are being reclassified from Laboratory Assistant II to Laboratory Assistant III will move "step to step" i.e. year 4 on Technician II to year 4 on Technician 111. 10. The Board understands that all other outstanding issues have been resolved by the parties. The Board will, however, remain seized until such time as the first collective agreement DM_ TORl20371 3-00220/2453684.1 - 4- is in effect between the parties to assist them in the event there are any matters that need to be resolved. DATED at Toronto, this 25th day of March, 2008. Kevin M. Burkett - Chair I Concur "Robert Budd" Robert Budd - Employer Nominee I Concur "Larry Robbins" Larry Robbins - Union Nominee DM_ TOR/203713-00220/2453684.1 - 5- Schedule 1 - Part Time/Casual Certified Laboratory Assistant III Amy Hollywood Janet Bruce Tony Augustine Chelsey Brown Caryl Copeman Cinzia DeCesaris Elizabeth Finnigan Steve Hardy Anne McNaughton Tammy Melo Kristi Petersen Caterina Schinas Kun Song Heather Vandenberg Stephanie Watson Lorianna W szolek Derek Wass Haydar Hassan Marnie Edwards Linda Pera Diny Dobler Dina Trinh DM_ TOR/203713-00220/2453684.1 Jennifer Campbell Natasa Krstic Sandra Parkin Laura Poole Karen Riggs Ryan Skirten Heather Wright Janice Smith Abby McLeod DM _ TOR/203 713-00220/2453684.1 - 6- Schedule 2 - Part Time/Casual Not Certified Laboratory Assistant II