HomeMy WebLinkAboutAssiginack 08-04-21
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IN THE MATTER OF AN ARBITRATION
BETWEEN:
SAULT AREA HOSPITAL
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
GRIEVANCE OF PATRICIA ASSIGINACK - GRIEVANCE NO. 2006-0620-002~
AND 15 OTHER GRIEVANCES AS SET OUT IN APPENDIX A
AWARD
BOARD OF ARBITRATION:
Paula Knopf, Chair
Kathryn Butler Malette, Employer Nominee
Pamela Munt-Madill, Union Nominee
APPEARANCES:
For the Emplover
Patricia Murray
For the Union
Marion Melville
A hearing in this matter was held in Sault Ste. Marie, Ontario, on April 16, 2008.
The Collective Agreement article in dispute is article 19.01 of the Collective Agreement,
which was ratified on or about May 25, 2006. The issue raised by the grievances is
entitlement to seven weeks of vacation; more specifically, is an employee entitled to
enjoy a vacation improvement negotiated midyear in the current vacation year? (2006)
Article 19.01 provides that, "hospitals that determine vacation entitlement by a uniform
date for all employees shall continue to do so, and those that determine vacation
entitlements by an anniversary date, or by some other means, shall continue to do so."
The Sault Area Hospital administers vacation on a calendar year basis. Accordingly,
entitlement to seven weeks of vacation was not effective until the uniform date for
determining vacation entitlement at the Sault Area Hospital and did not become
effective on the date of ratification as the Union claims. Accordingly, the grievors who
were entitled to seven weeks of vacation were not entitled to enjoy that seventh week
until the 2007 calendar year.
At Sault Area Hospital, vacations shall be scheduled in accordance with local provision
19.05 (1) (a).
The grievances noted In Appendix A, attached hereto, are dismissed.
The parties agree that the Board of Arbitration shall remain seized of this matter.
Dated at Toronto this 21st day of April, 2008.
and for
Kathryn Butler Malette and Pamela Munt-Madill
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Appendix A
Grievance Numbers:
06-27 D. South 2006-0620-0044
06-28 G. Turner 2006-0620-0042
06-29 C. Callengari 2006-0620-0035
06-30 R. Thibault 2006-0620-0036
06-31 L. Sloss 2006-0620-0037
06-32 F. Davies 2006-0620-0038
06-33 P. Chaimbrone 2006-0620-0039
06-34 R. Ross 2006-0620-0040
06-35 D. Gilbraith-Greco 2006-0620-0029
06-36 V. (Jane) Mitchell 2006-0620-0030
06-37 E. Paragua 2006-0620-0031
06-38 J. Albanese 2006-0620-0032
06-39 N. Marshall 2006-0620-0033
06-40 F. Rutledge 2006-0620-0034
06-46 N. Kennedy 2006-0620-0043
*Grievance No. 2006-0620-002@was resolved
directly between the Sault Area Hospital and
the Grievor.