BETWEEN:

IN THE MATTER OF AN ARBITRATION UNDER THE HOSPITAL LABOUR DISPUTE ARBITRATIONS ACT

THE SMOOTH ROCK FALLS HOSPITAL

("the Employer")

AND

CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES' UNION LOCAL 161 HOSPITAL EMPLOYEES

INTEREST ARBITRATION RE SMOOTH ROCK HOSPITAL

CHAIR:

UNION NOMINEE:

EMPLOYER NOMINEE:

EMPLOYER COUNSEL:

UNION COUNSEL:

AWARD

BARRY STEPHENS

SUSAN URSEL

JENNIFER MILLER

ROBERT HICKMAN

MAUREEN O'HALLORAN

HEARINGS HELD IN TIMMINS, ONTARIO ON APRIL22, 2014

("the Union")

AWARD

Introduction

The parties resolved most of the issues between them, and the agreed items are hereby

incorporated as part of this award. There were several issues that were not resolved by

the date of the hearing. The parties have requested a decision resolving the remaining

issues, and in the interests of expediting the process have requested a decision without

reasons. As a result, we turn to the issues in dispute.

ISSUE 1 -ARTICLE 10- HOURS OF WORK

Article 10.10 - Current Language

Shift Premium

a) All employees working on assigned shifts commencing between 1600 and 2400 hours will receive in addition to their basic straight time pay, a premium rate of one dollar five ($1.05) per hour effective date of ratification, increase: April 1, 2010 to one dollar ten ($1.10); Increase: April 1, 2011 to one dollar fifteen ($1.15) provided that such hours exceed two (2) hours if worked in conjunction with the day shift and pro-rated to the number of hours worked, provided that it is understood that those premiums shall not be included when computing overtime pay. The Employer further agrees that premium pay will also apply to the 3:00 o'clock shift to 7:00 o'clock shift.

Weekend Premium

b) An employee will be paid a weekend premium of a premium rate of one dollar five ($1.05) per hour effective date of ratification, increase: April 1, 2010 to one dollar ten ($1.10); Increase: April 1, 2011 to one dollar fifteen ($1.15), for each hour worked between 2400 hours Friday and 2400 hours Sunday.

c) Whenever an employee is assigned additional responsibility as a lead hand to direct, or oversee work of employees within her or his classification, for a tour of duty, the employee shall be paid a premium of

one dollar five ($1.05) per hour effective date of ratification, increase: April 1, 2010 to one dollar ten ($1.10); Increase: April1, 2011 to one dollar fifteen ($1.15) in addition to her or his regular salary and applicable premium allowance. In order to be entitled to this premium the employees will be requested to perform at least the following duties:

• Perform schedule changes • Deal with staffing issues • Order supplies for the department and • Perform a minimum of supervision

Union's Proposal

Shift Premium

a) All employees working on assigned shifts commencing between 1600 and 2400 hours will receive in addition to their basic straight time pay, a premium rate of one dollar and fifteen cents ($1.15). Effective April!, 2012 the shift premium shall be increased to one dollar and twenty cents ($1.20) per hour provided that such hours exceed two (2) hours if worked in conjunction with the day shift and pro-rated to the number of hours worked, provided that it is understood that those premiums shall not be included when computing overtime pay. The Employer further agrees that premium pay will also apply to the 3:00 o'clock shift to 7:00 o'clock shift.

Weekend Premium

b) An employee will be paid a weekend premium of a premium rate of one dollar and fifteen cents ($1.15), and April 1, 2012 the weekend premium shall be increased to one dollar and twenty cents ($1.20), for each hour worked between 2400 hours Friday and 2400 hours Sunday.

Employer's Position

The employer is opposed to any increase.

Decision:

It is ordered that shift premium and weekend premium be increased by $.05 to $1.20 per hour.

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ISSUE 2- ARTICLE 13- PAID HOLIDAYS

13.01 Full-Time Employees- Current Language

(i) Full time employees covered by this agreement shall be allowed the following holidays without loss of pay:

New Year's Day January Canada Day July Labour Day September

Thanksgiving Day

Christmas Day

Boxing Day

Good Friday

Victoria Day

October

December

December

Additional paid holidays will be added if proclaimed as paid holidays during this agreement, by the government of Ontario and/or Canada., provided it does not result in an increase in number of days of holidays unless otherwise stipulated in the legislation.

(ii) When any of the paid holidays listed falls on a Saturday or Sunday or a day off, the holiday shall be observed on a day mutually convenient to the Employer and the employee.

(iii) When an employee is required to work on any of the paid holidays listed above she/he will be paid at the rate of time and one-half (1 1\2) for time worked and receive an additional day off at a mutually convenient time at straight time.

(iv) Five (5) additional holidays at times suitable to the employee and the Employer so that there will be no lessening of efficiency in the department.

The employee must request such holiday in writing, at least seventy two (72) hours in advance of the requested day. Furthermore, once the holiday has been approved, the employee must provide at least twenty four (24) hour advanced notice where the employee cancels the scheduled holiday.

(v) To be eligible for the five (5) extra days, an employee must have been in the employ of the Hospital a minimum of six {6) months.

(vi) Employees leaving the employ of the Hospital in good standing will

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receive payment for unused floating holidays prorated to the number of months worked in the calendar year.

Employer Proposal

13.01 Full-Time Employees

(i) Full time employees covered by this agreement shall be allowed the following holidays without loss of pay:

New Year's Day January Family Day 3Rd Monday in Feb. Canada Day July Labour Day September

Thanksgiving Day

Christmas Day

Boxing Day

Good Friday

Victoria Day

October

December

December

Additional paid holidays will be added if proclaimed as paid holidays during this agreement, by the government of Ontario and/or Canada, provided it does not result in an increase in number of days of holidays unless otherwise stipulated in the legislation.

(ii) When any of the paid holidays listed falls on a Saturday or Sunday or a day off, the holiday shall be observed on a day mutually convenient to the Employer and the employee.

(iii) When an employee is required to work on any of the paid holidays listed above she/he will be paid at the rate oftime and one-half (1 1\2) for time worked and receive an additional day off at a mutually convenient time at straight time.

(iv) Four (4) additional holidays at times suitable to the employee and the

Employer so that there will be no lessening of efficiency in the

department.

The employee must request such holiday in writing, at least seventy two (72) hours in advance ofthe requested day. Furthermore, once the holiday has been approved, the employee must provide at least twenty four (24) hour advanced notice where the employee cancels the scheduled holiday.

(v) To be eligible for the four (4) extra days, an employee must have been

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in the employ of the Hospital a minimum of six (6) months.

(vi) Employees leaving the employ of the Hospital in good standing will receive payment for unused floating holidays prorated to the number of months worked in the calendar year.

Decision:

It is ordered that the language be amended to reflect the Hospital proposal.

ISSUE 3 -ARTICLE 14-WAGES

Union Proposal

Increase: April11 2012- 2%

April11 2013 - 0. 7%

April11 2014- 0. 7%

April1, 2015 - 0. 7%

April11 2016- 0. 7%

Lump Sum Payments:

0. 7% of the straight time hourly rate per hour paid for the period April11 2013- March 31s\ 2014

0. 7% of the straight time hourly rate per hour paid for the period April11 2014- March 31st, 2015.

0. 7% of the straight time hourly rate per hour paid for the period April11 2015- March 31st1 2016.

0. 7% of the straight time hourly rate per hour paid for the period April11 2016- March 31s\ 2017.

These wage increases shall also imply that all pay equity maintenance issues have been taken care of for the duration of the collective agreement.

14.04 The schedule of wages attached to this agreement shall govern employees covered under his for the period from April 1st, 2012 to March 315

\ 2015 and as may be mutually agreed from year to year thereafter during the life of this agreement.

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Employer's Position

The employer is opposed to any wage increase.

Decision:

It is ordered that the employer shall pay wage increases as follows:

Increase: April 1, 2012 - 0. 7%

April1, 2013 - 0. 7%

April1, 2014- 2%

April 1, 2015 - 0. 7%

April 1, 2016 - 0. 7%

Lump Sum Payments:

0.7% of the straight time hourly rate per hour paid for the period Aprill, 2012- March 31st, 2013.

0.7% of the straight time hourly rate per hour paid for the period April1, 2013- March 315

\ 2014.

0.7% of the straight time hourly rate per hour paid for the period April1, 2015- March 311

\ 2016

0.7% of the straight time hourly rate per hour paid for the period April1, 2016- March 315

\ 2017.

These wage increases shall also imply that all pay equity maintenance issues have been taken care of for the duration of the collective agreement.

ISSUE 4 ·ARTICLE 19-WELFARE BENEFITS

Current Language

19.01 Full-Time Employees

(i) The Employer will contribute one hundred per cent (100%) per month per employee towards the cost of

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a) Group Ufe Insurance- as outlined in the attached brochure changes in the plan from time to time will be explained to the employees in detail.

(ii) The Employer will contribute seventy-five per cent (75%) per month per employee towards the cost of the following welfare benefits:

a) Desjardins semi-private coverage, as outlined in the attached brochure.

b) Desjardins extended health care plan as outlined in the attached brochure and including vision care maximum two hundred dollars ($300.00) every twenty four (24) months and hearing aids five hundred dollars ($500.00) lifetime.

c) Extended health care benefits includes: chiropractic, massage therapy and physiotherapy $350.00 per insured person, per calendar year, for each service.

d) Speech language pathologist, osteopath, naturopath and podiatrist or chiropodist $200.00 per insured person, per calendar year, for each service. Psychologist $200.00 per insured person, per calendar year, $20.00 maximum per visit

Union Proposal

Effective January 1, 2015 increase chiropractor and physiotherapy to four hundred and twenty five dollars ($425.00)

Employer's Position

The employer is opposed to any increase.

Decision:

It is ordered that there shall be an increase of $25 in the chiropractic and physiotherapy from $350 to $375.

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Issue 5 - ARTICLE 2.04 b)- Scheduling of Regular Part-time

Current Language

2.04 b) Scheduling of Regular Part-time

a) The Hospital agrees to schedule regular part-time employees according to seniority on the posted schedule in their home department.

b) Where extra shifts become available, they will first be offered on the basis of seniority to regular part-time employees in that department provided that no employee exceeds seventy five (75) hours per pay period and that this extra shift does not create a premium payment situation.

c) Where no regular part-time employee in that department is willing or able to perform the available work, the shift will then be offered to casual part­time employees who have indicated that they are available for extra shifts in that department on the basis of seniority.

d) Where a premium payment situation arises, the available shift will be offered first to the full-time employees in the department. If no full-time employee from the department is willing to perform the shift at a premium rate then the shift will be offered to the regular part-time employees in the department on the basis of seniority.

e) If no regular part-time employee is willing to perform the work at a premium payment rate, then it will be offered to casual part-time employees who can perform the work, on the basis of seniority.

f) Casual employee shall not be pre-booked unless there are no regular part­time employee available at straight time.

Employer's Proposal

2.04 b) Scheduling of regular part-time

a) The Hospital agrees to schedule regular part-time employees according to seniority as per the master schedule in their home department.

b) If any regular part-time employee does not have a minimum of 15 hours in any given pay period he/she shall be scheduled for such available shifts (for example vacation, leaves of absence, illness) up to a maximum of 15 hours of work in that pay period. This shall be done on the basis of seniority.

c) Once every regular part-time employee has 15 hours of work, when

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Decision:

extra shifts become available, they will first be offered on the basis of seniority to regular part-time employees in that department provided that no employee exceeds seventy five (75) hours per pay period and that this extra shift does not create a premium payment situation.

d) Where no regular part-time employee in that department is willing or able to perform the available work, the shift will then be offered to casual part­time employees who have indicated that they are available for extra shifts in that department on the basis of seniority.

e) Where no regular part-time employee in that department is willing or able to perform the available work, the shift will then be offered to casual part­time employees who have indicated that they are available for extra shifts in that department on the basis of seniority.

f) Where a premium payment situation arises, the available shift will be offered first to the full-time employees in the department. If no full-time employee from the department is willing to perform the shift at a premium rate then the shift will be offered to the regular part-time employees in the department on the basis of seniority.

g) If no regular part-time employee is willing to perform the work at a premium payment rate, then it will be offered to casual part-time employees who can perform the work, on the basis of seniority.

h) Casual employee shall not be pre-booked unless there are no regular part­time employee available at straight time.

It is ordered that the language be amended to reflect the employers' proposal.

Issue 6 - Article 34 - Duration of Collective Agreement We note that the parties have agreed to a five year term. The schedule of wages attached to this agreement shall govern employees covered under this for the period from Aprill5

t, 2012 to March 315t, 2017 and as may be mutually agreed from year to

year thereafter during the life of this agreement. Article 14.01 shall be amended accordingly.

All changes are effective the date upon the date of this award, unless otherwise noted, and retroactive payments shall be made within 60 days.

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Conclusion

The parties are directed to execute a renewal collective agreement in accordance with

the above decision. The Board remains seized to resolve any issues with respect to

implementation.

Dated at Hamilton, Ontario this 29th day of April, 2014

"I CONCUR"

Susan Ursel, Union Nominee

"I CONCUR"

Jennifer Miller, Employer Nominee

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