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HomeMy WebLinkAboutUNION-1984-23-07 ..'~,,..e. IN THE MATTER OF AN ARBITRATION BETWEEN THE QUEENSWAY-CARLETON HOSPITAL (The Hospital> AND THE ASSOCIATION OF ALLIED HEALTH PROFESSIONALS: ONTARIO (The Association) BOARD.OF ARBITRATION Lita-Rose Betcherman, Chairman Jean McKellar, Association Nominee Richard Stansel, Hospital Nominee .APPEARING FOR THE ASSOCIATION Thomas A. Stefanik APPEARING FOR THE HOSPITAL S. Bruce Handford PLACE AND DATE OF HEARING Ottawa, Ontario Jline 26. 1984 - . . The issue is whether regular part-time employees are entitled to an eleventh paid holiday, which is a float holiday, in addition " to the ten designated paid holidays granted to both full- and part-time employees. The relevant articles dealing with paid ,holidays are the~e: 22.01 The Hospital agrees to recognize the following days as designated' holidays for full-time, employees: " New Year's Day Good:Friday Easter Monday Victoria Day Dominion Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day , In addition an eleventh (11th) holiday will be granted at the discretion of the Department Head. Employees on staff on April 1st each year shall be entitled to this holiday. In the event Heritage Day or some other day is proclaimed by the Government of the Province of Ontario, such proclaimed day will replace the float holiday. 22.03 A part-time employee who works on a holiday listed in Article 22.01 above shall receive time and one-half (H) her regular rate of pay for all hours worked on the holiday. Holiday pay for regular part-time employees shall be calculated and paid based on hours worked in relation to full-time hours in the four week period prior to the week in which the holiday occurs. There is no dispute that the hospital has not granted the float holiday to its part-time employees and the association - claims that this constitutes a violation of Article 22.03. The association offers two arguments in support of its claim: 1) that the paragraph dealing with the float holiday in Article 22.01 does not qualify "Employees on staff" as full-time only and therefore must be taken to include part-time employees as well. (The effect of Articles 2.01 and 3.01 is that the term "employee" includes part-timers.) 2) that Article 22.03 refers back to the entire eleven holidays in Article 22.01. .... .,.;,'.-'....<-.--~-,<'..,. 2 The hospital maintains that the reference in Article 22.03 to a holiday "listed" in Art,icle 22.01 means only the ten " holidays set out in the list or table. .The hospital also disputes the association ',s interpretation of the words "Employees on I staff" in Article 22.01 as inclusive of part-timers, maintaining that the clause establishes at the beginning which employee group is affected. The hospital also stated that it was never intended during negotiations that part-time employees would get the float holiday. Decision The board holds that the articles in question are clear on their face and consequently negotiating history is inadmissible. The board tends to agree with the hospital that Article 22.01 deals with holidays for full-time employees. Certainly the words "In addition" link the part of the article dealing with the float holiday to the part dealing with the tabulated holidays which explicitly refers to full-time employees. However, the association's second argument succeeds. In the board's view, there is no signi~icance to the fact that the eleventh or float holiday in Article 22.01 is set out in sentence form rather than in table form. It is obvious that the float holiday required some descriptive content; should it be converted into Heritage Day, as provided for in the article, it would then lend itself to the same treatment as the other designated holidays. As noted above, the words "In addition" clearly relate the float holiday to the other holidays and the board holds that the float holiday is a designated holiday under Article 22.01. ,1'~' ....~:' ~ . , -~--'_.~"~";":';:';"';;---~'-;--;~-:-";"--;:;;;--"'-"" -.. 3 Consequently, the board finds that the. float holiday is included in Article 22.03's reference back to Article 22.01. It follows from the above finding that part-time employees are entitled to the eleventh or float holiday set out in Article 22.01 and the board so declares. Dated at Richmond Hill, Ontario, this 23rd day of July 1984. . "Iii ..Jpf-f! ;; /t! 6t1~a!:a "I concur - R.B. Stansel" "I concur - J. McKellar" . ..