HomeMy WebLinkAboutSchram 23-02-21
IN THE MATTER OF A MEDIATION/ARBITRATION
B e t w e e n:
NORTH WELLINGTON HEALTH CARE
(the “Employer”)
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 226
(the “Union”)
and in the matter of a grievance of Lori Schram (the “grievor”) concerning the payment
of overtime under Article 16.05(i) of the collective agreement
Russell Goodfellow – Mediator/Arbitrator
APPEARING FOR THE EMPLOYER:
Michael Allen, counsel
And others
APPEARING FOR THE UNION:
Sarah Khan, counsel
Shelley Klapwyk
Hearing held February 14, 2023
AWARD
This award arises out of an individual grievance involving the interpretation and
application of Article 16.05(i) of the collective agreement.
The matter was dealt with, expeditiously, by way of mediation/arbitration on
February 14, 2023. Having regard to the representations and submissions made to me by
the parties concerning the facts underlying the grievance, the interpretation of Article
16.05(i), and the practices in relation thereto, I hereby determine and award as follows:
1. The Employer shall pay to the grievor a sum equal to one-half of her regular rate
of pay for all hours worked (7.5 hours each day) on August 14 and November 8,
2021, so that the final compensation for those shifts will be at the rate of time and
one half.
2. The practice of the Employer in the Central Registration Department, where a
shift of work triggers a premium under Article 16.05(i), to pay overtime rates for
all hours worked on the second shift, will continue without change until the
presently expired collective agreement is renewed.
3. The practice of the Employer in the Dietary and Housekeeping/Laundry
Departments, where a shift of work triggers a premium under Article 16.05(i), to
pay overtime rates only for the hours worked on a second shift that fall within the
time-off window of the provision, will continue without change until the presently
expired collective agreement is renewed
4. If there is no change in the text of Article 16.05(i) arising from collective
bargaining, which is soon to begin, then, from the date the new collective
agreement is ratified or awarded, the interpretation to be applied to Article 16.05
(i) will be as follows: For all employees, when a premium is triggered, only the
hours worked on a second shift that fall within the time-off window of the
provision will be paid at overtime rates. To be clear, this is the interpretation of
Article 16.05 (i) that the Employer advanced before me.
5. If there is a change in the language of Article 16.05(i), which results from the
collective bargaining that is soon to begin, which provides that where payment is
triggered under the provision it is to be for all hours worked on the second shift,
such change will: (i) be applied going forward with the renewal of the collective
agreement for all employees and (ii) retroactively to the date of this award to
employees in the Dietary and Housekeeping/Laundry Departments only,
provided, in the latter case, that such payments have not already been made. To be
clear, what I describe herein as the “change”, is the interpretation of Article 16.05
(i) that the Union advanced before me as presently applicable.
2
It is so ordered.
DATED this 21st day of February 2023.
Russell Goodfellow – Mediator/Arbitrator