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HomeMy WebLinkAboutUnion 09-11-10 IRrECClEijVED MAR 1 6 2010 'I. ((0 ~ .r~!:K~11~.== ~~~ IN THE MATTER OF AN ARBITRATION BETWEEN ROYAL OTT A W A HEALTH CARE GROUP ("the Hospital" / "the Employer") -AND- ONTARIO PUBLIC SERVICE E.MPLOYEES UNION ("the Union") CONCERNING GRIEVANCE Ottawa HRLAP, the Ottawa HRLAP and an application under the Public Sector Labour Relations Transition Act, 1997. Christopher Albertyn - Sole Arbitrator APPEARANCES For the Union: Alison Dewar, Counsel Laurie Brown, Local Service Representative Sonia Boudreau, Local Service Representative David McDougall, Local President Brent Rathwell, Local Vice-President Kevin Hudson, Unit Steward Marlene Rivier, Local President Paul Sharkey, Local Service Representative For the Hospital: Michelle 0' Bonsawin, General Counsel, Legal Services, ROHCG Cal Crocker, CFO & Acting Vice-President, HR & Labour Relations Shannon Moulton, Senior Labour Relations Consultant Hearing held in OTTAWA on November 9 & 10, 2009. Award issued on November 10, 2009. I_ I I AWARD 1. The parties are in dispute concerning the decision by the Hospital to close the Transitional Services Unit in Brockville. The closure has not yet occurred, but the Union has received notice of the Hospital's intention to complete the closure by March 2011 of the three units that make up the Transitional Services Unit. The Union has filed a grievance ("the grievance") and an application under the Public Sector Labour Relations Transition Act, 1997 ("the PSLRT A application"). The Union also claims that the Human Resources Labour Adjustment Plan, required by the Directives issued by the Ministry of Health in 1997 ("the Plan"), has been breached by the Hospital. The Employer denies and disputes the Union's claims. 2. The parties agree that I have jurisdiction to resolve the grievance and the claim under the Plan that concerns the closure of the Transitional Services Unit. I have heard and considered the parties' submissions, and I made the following declarations and orders, which the parties accept I am entitled to make, which resolve all outstanding issues in these matters. 3. This award applies to the paramedical and to the service, office and 2 clerical bargaining units in Brockville. 4. As stated, the Union has received notice of layoff of employees in the Transitional Services Unit in Brockville. That notice complies with the collective agreement and with the Plan. The parties' expectation is that the employees in the Transitional Services Unit will receive notices of permanent layoff between now and December 31,2010. 5. The notices of layoff will be in writing, and will be given individually to the affected employees in the presence of a Union representative. 6. Those whose positions are to cease will receive at least 4 months' written notice of layoff. The steps to be followed will be the following: a. Upon receipt of the Employer's notice of layoff, there will be a voluntary exit option based on seniority. It will consist either of early retirement or voluntary resignation. b. An employee who elects for early retirement shall receive, following the completion of the last day of work, a retirement 3 allowance of 2 weeks' pay for each continuous year of service with the Hospital or any of its predecessor employers for service to October 15,2000 and 3 weeks' pay for each continuous year of service with the Hospital for the period since October 16,2000, provided that the total of these two amounts will not exceed 52 weeks' pay. c. Upon such election for early retirement, if an employee does not meet the requirements for early retirement without penalty, but could do so if employed until no later than June 30, 2011, the employee may elect to bridge the period required. To this end, the separation allowance due to the employee, described above, will be applied to the bridging period as salary continuance and, with respect to any shortfall, they will be entitled to an unpaid leave of absence for the balance of the bridging period, provided they maintain their share of the pension contribution during the period. In that event, the Employer will maintain its share and, at the end of the period, the employee will take early retirement. If the salary continuance does not exhaust the separation allowance, the balance will be paid to the employee concerned in a lump sum on their 4 earl y retirement date. d. Any employee who elects a voluntary resignation shall receive, following completion of the last day of work, a separation allowance of 2 weeks' pay for each continuous year of service with the Hospital or any of its predecessor employers for service to October 15,2000 and 3 weeks' pay for each continuous year of service with the Hospital for the period since October 16,2000, provided that the total of these two amounts will not exceed 52 weeks' pay. e. Where an employee who resigns in accordance with the above provisions is a part-time employee, the separation allowance will be based on the employee's regular average weekly salary exclusive of any premium payments, calculated over the 12 month period immediately preceding the employee's last day of work, except that any periods of long term illness / injury, or pregnancy / parental leave within that year, shall not be considered and the calculation will be adjusted accordingly. 5 f. In the event of an employee being laid-off, they may elect to be placed on a recall list for up to 24 months. When on that list they may be able to receive ad hoc shifts and will be given preference for temporary vacancies. They will not accumulate service and seniority while working such shifts. In addition, their benefits will cease and they will receive the percentage in lieu of benefits and vacation as prescribed in the collective agreement. Acceptance of these shifts will be on a voluntary basis. g. Pursuant to f. above, should an employee elect to be removed from the recall list prior to December 31, 2010, they will receive payment of 2 weeks for every year of service up to a maximum of 26 weeks. In addition, they will be reimbursed for tuition fees up to a maximum of $3,000.00, upon production of receipts from an approved educational program within 12 months of resignation. However, should an employee elect to remain on the recall list after December 31, 2010, they will forego their right to any severance payment and reimbursement of tuition fees under this award. 6 h. In the event of an employee being laid-off and not electing to be placed on the recall list, and if the employee notifies the Employer in writing of their resignation within 1 month after receiving their layoff notice, they will receive the following separation allowance: 2 weeks salary for each year of service to a maximum of 26 weeks pay as well as reimbursement of tuition fees of up to $3,000.00 upon production of receipts within 12 months of resignation. 1. In the event of an employee being laid-off and not electing to be placed on the recall list, and if the employee does not resign within 1 month after receiving their layoff notice, they will receive the following separation allowance: 4 weeks salary as well as reimbursement of tuition fees of up to $1,250.00, upon production of receipts within 12 months of resignation. J. An employee who receives a notice of layoff may elect to displace an employee who has lesser bargaining unit seniority and who is the least senior employee in their own or identical paying classification or a lower paying classification whose job they are qualified to perform. If the employee is a member of the Service, 7 Office and Clerical Unit, they will also have the option of displacing the least senior employee in a classification whose maximum rate is within 5% above their own classification, provided they are qualified. The provisions of this award will apply to the employee so bumped. k. Pursuant to j. above, if an employee exercises bumping rights within Brockville under the collective agreement, the Union and the employee concerned waive any entitlement to claim a continuing entitlement under the HRLAP based on that specific layoff notice. 7. Any choice by the employee concerned will be exercised within 10 calendar days, and the Hospital will meet with the affected employee to verify their choice, as contemplated in the collective agreement. 8. The parties understand that all affected employees will be entitled to elect to receive a lump sum payment of their separation allowance or to receive it in the form of salary continuation as provided in the collective agreement. In the period of such salary continuance, the employee will be entitled to extended health care, 8 dental benefits and group life coverage. They will pay the premium for such benefits, less $125 contributed by the Employer. During the period of salary continuance, the employee will not have access to sick leave, shmi-term or long- term disability benefits. 9. Pursuant to the above, the Union will endeavour to conclude an agreement with its Ottawa Local and/or with CUPE in the Employer's operation in Ottawa for those laid-off in Brockville to be placed into a new position created by the conversion of the 32 long-term health care beds to mental health complex continuing care beds at Royal Ottawa Place. Upon such agreement, provided the employee concerned is qualified for the position, the Employer will employ the individual concerned, on such terms as is agreed between the OPSEU locals and/or CUPE. This obligation will endure until Febmary 28, 2010, by which date the Union is expected to have concluded the agreement, provided that the Employer may agree to extend the period, which agreement will not be unreasonably withheld. 10. The Employer may elect to anticipate the layoff date of an employee by paying out the salary of that employee for the balance of the layoff period, although the other employment entitlements, such as benefits, will continue until 9 the original date of layoff. 11. To the extent the anticipated layoffs are not otherwise described herein, the provisions of the collective agreement will apply. 12. This award resolves all issues between the parties concerning the closing of the Transitional Services Unit in Brockville. Accordingly, the grievance is resolved, the Union's claim under the Plan is resolved, and it is understood that that part of the PSLR T A application concerning the Transitional Services Unit in Brockville is resolved. The Union will take the necessary steps to inform the OLRB of the following: the removal of the references to the Transitional Services Unit from the facts and from the remedies (including amendment to 21(a) and (b) and the deletion of 21(d), (e), and (g)). 13. I remained seized in the event there is any dispute between the parties concerning the interpretation or implementation of this award. If a difference between the pmiies needs to be resolved urgently, that may be done by telephone conference call between counsel for the parties and me. 10 DATED at OTTAWA on November 10,2009. / (' ,-- Arbitrator