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HomeMy WebLinkAboutTimmins et al 22-11-02IN THE MATTER OF AN ARBITRATION Pursuant to the Labour Relations Act, R.S. 1995 BETWEEN: QUEENSWAY CARLETON HOSPITAL (“Employer”) - and – ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 491 (“Union”) (Vacation Entitlement Grievances) _______________________________________________________________ SOLE ARBITRATOR: Jasbir Parmar On Behalf of the Employer: Porter Heffernan, Emond Harnden LLP On Behalf of the Union: Gabriel Hoogers, Goldblatt Partners LLP Hearing held via videoconference on November 2, 2022. 1 [1] This award concerns a number of grievances filed in relation to a one-time adjustment to seniority of part-time and casual employees within the bargaining unit represented by the Union, which was carried out in January, 2017, pursuant to the Memorandum of Settlement dated December 16, 2016, and the Agreed-to Items dated December 16, 2016, referenced therein which settled the terms of a renewal collective agreement between the Parties (the “One-Time Adjustment”). [2] Having heard the submissions of the Parties, I find as follows. [3] The One-Time Adjustment was intended to apply only to the calculation of seniority hours for part-time and casual employees pursuant to Article 10.02 of the Collective Agreement between the Parties. Pursuant to Article 10.02(a), seniority is distinct from service. The One Time Adjustment was not intended to and did not apply to the calculation of service hours for part- time and casual employees within the bargaining unit. [4] This Award resolves all outstanding issues in relation to the Grievances. DATED THIS 2ND DAY OF NOVEMBER, 2022 “Jasbir Parmar” ______________________________ Jasbir Parmar, SOLE ARBITRATOR