Loading...
HomeMy WebLinkAboutUnion 02-05-28 IN THE MATTER OF AN ARBITRATION BETWEEN Q1-' 1f~J--'~Y Ottawa Hospital (Hereinafter referred to as "the Employer)') AND Ontario Public Service Employees' Union, Local 464 AND Ontario Nurses' Association Regarding: Policy Grievances - Infection Control Sole Arbitrator: Felicity D. Briggs For the Employer: . Andre Champagne, Counsel For OPSEU: Susan Ballantyne, Counsel For ONA: Caroline Cohen, Counsel In April of 1998 four hospitals merged to create The Ottawa Hospital. As had been experienced elsewhere, after amalgamation there were a number of disputes as to the appropriate bargaining unit for particular positions. During the course of the litigation of one such dispute it became apparent that both Ontario Nurses) Association and Ontario Public Service Employees Union claimed bargaining rights for the Infection Control professionals working at the Ottawa Hospital. The three parties invited me to hear and determine this matter and, to that end, conferred upon me the jurisdiction of the Ontario Labour Relations Board and further agreed that I would remain seized of any residual matters. After a number of days of hearing into this matter the parties ani ved at a resolution and requested that I issue that agreement in a consent order. Their agreement was as follows: Memorandum of Agreement between OPSEU and ONA and Ottawa Hospital Re: OPSEU Policy Gritwanee re Infection Control dated August 30101 and ONA Policy G-rievanee (ONA File #2106RO) re lnfeelion Control dated 01.12.04. The parties agree, on a without prejudice and/or precedent basis, to settle these grievances on the following basis: 1. Marie Andree Blulleau, Natalie Bruce and Marlene Taylor (subject to paragraph 4 below) shall remain in the OPSEU bargaining unit. 2. Josie Shymanski will remain in the DNA bargaining unit. 3. Effective the first day of the next pay period following this settlement Eileen Bailey will be moved jiom the OPSEU bargaining unit to the ONA bargaining unit. She will be credited Witll full service and seniority for all hours worked at the Ottawa Hospital since her date of last hire in accordance with the provisions of the ONA collective agreement. No seniority credit will be granted for any hours worked outside any bargaining unit. 4. The hospital agrees that it will post its newly created part time infection control professional position. If the successful candidate is an RN she will be in DNA's bargaining unit. If the successful candidate is other than an RN, she will be in OPSEU's bargaining unit. In the event that the successful candidate for this particular posting is a non RN and placed in the OPSEU unit the parties agree that effective the first day after the successful completion of the probationary period, Marlene Taylor will be moved ii-om the OPSEU to the ONA bargaining unit and will be credited with full service and seniority for all hours worked in the bargaining unit since her date of last hire in accordance with the ONA collective agreement. No seniority credit for hours worked outside any bargaining unit shall be given. 5. The parties agree that all infection control postings subsequent to the posting in paragraph 4 will be posted in both bargaining units for a period of seven calendar days, If an RN is the successful candidate the incumbent will be in the ONA bargaining unit. If a non RN is hired the incumbent will be in the OPSEU bargaining unit. 6. The parties further agree that the successful candidate will be chosen 011 the basis of skill, ability, experience and qualifications. Where these factors are relatively equ<ll seniority will govern 7. When members from both bargaining units apply for one of these positions) the parties agree to recognize reciprocity of seniority for the purposes of paragraph 6. 8. The parties agree in these cases seniority will be calculated in accordance with the ONA collective agreement. 9. The parties agree that if the position is awarded to a member of one bargaining unit} and a grievance relating to the position filed by a member of the other bargaining unit has been referred to arbitration, then both unions and the employer will be parties to the proceeding. 10. The employer agrees to complete wage standardization for the infection control professional and agrees that the incumbents are entitled to any adjustments made to their wages for the period of time spent in the OPSEU bargaining unit since January 5} 2000. II. The parties agree that Felicity Briggs will remain seized in the event there are_difficulties implementing this agreement. ronto this 28th day of May, 2002.