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22Jan 1502:41p Randi Abramsky Arbitrator

JAN L L Z015

Ministry of Labour I 3 v 15 ~q4 ~ 6(.{ ~ JJ\ - ( ~

-#8,().Jq/tp DRS - ARBITRATION SERVICES

IN THE MATTER OF AN INTEREST ARBITRATION

Pursuant to the Hospital Labour Disputes Arbitration Act, R.S.O. 1990, C.H. 19

Between:

SUNRISE O:F BURLINGTON, SUNRISE OF AURORA,

SUNRISE THORNE MILL ON STEELES (the "Employer!')

~and-

SERVICE El\1PLOYEES INTERNA 'HONAL UNION LOCAL LON

(the "Union")

Board of Arbitration!

Appearances:

Hearing:

RallCii H. Abramsky Chair David Chondon Employer Nomjnee Harold Caley Union Nominee

For the Emph'Jycr: Erin Kuzz Counse! Car-ole J. Chan Deborah Matheson

FG:r the 1Jniom:: Heather Nowak J f1hn Romanelli Dervant Davis Zenaida Mendoza Ketesha Gordon Elena Austria

RegionalM:mager Employee Rels.

ln-House CoutJsel Unit)n Represe.t~.tative Committee Memb.;rs

Se:pt. 5, 2014, wi'ch Executive Sessions on Oct 22, 2014,

Nov. 11, 2014 and Dec. 9, 2014 ..

22Jan 1502A1p Randi Abramsky Arbitrator 41G 256 0265

AWARD

This is a first collective agreement interest arbitration proceeding, involving three

retirement residences operated by Sunrise Senior Living: Sunrise of Bmlington, Sunrise

of Aurora and Sunrise Thorne Mill on Steeles (Sumise "TMOS"). The Union was

certified as ba~;gaining agent at Sunrise of Burlington on July 4, 2013, and gave notice to

bargain on July 24, 2013. It was certifted at Sunrise of Aurora on .March 26, 2013, and

gave notice to bargain on September 4, 2013, It was certified at Sunrise TMOS on

August 9, 2.013, and gave notice to bargain on August 16, 201J. The parties agreed to

joint negotiations for a first collective agreement, the outcome of which would be:

separate collective agreements \vit"h generally cmnmon terms,

The parties met and bargained on twelve (12) dates bet\v.een October 16~ 2013 and

April 15, 2013 an9. reached agreement on a number of issues. Ali agreed items are

hereby incorporate<} i.nto this A•va.rd.

Sunrise Senior Living OJ?erates ·nine (9) retirement residences in Orri:ario. It~

addition to the three retirement :r:esidenQes involved Ln this proceeding, t\No others ar~ aiso

unionized. SEJU has been the bargaining agent ~:t Sumise of Unionville since Febwary

14, 2007. The CAW is the bargaining agent at S nmise of Windsor, and was ';ertifted as

bargaining agertt on March 29, 2010.

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22 Jan 15 02:41p Randi Abrarnsky Arbitrator 416 256 0265

The Employer and tbe Union successfully negotiated their first collective

agreement at Sunrtse of Unionville without interest arbitration. They reached a four-year

agreement, from February 14, 2007 to March 31, 2011. Negotiations for a renewal of

that agreement led to an interest arbitration pursuant to the Hospitals Labour Dispute

Arbitration Act, R.S.O. 1990, C.H. 19 («HLDAA'j), with a decision rendered on April 4,

2012. The parties then entered into a collective agreement covering the period April l,

20llto March 31,2014.

The first collective agrceme11t at Sunrise of W1ndsor, with the CAW, bad a term

of March 14, 2011 to February 28, 2014. Negotiations for the renewa,l of that agreement

are ongoing.

Sunrise of Aurora currently has '67 residents in 21 99-bed facility. There are 87

members ·in the bargaining unit: 47 -part-time employees arJd 40 full-time employees.

Sunrise of Burlington ctmently has 77 residents in an 84~be.d faciUty. Thl!re <'..re 75

members in the bargaining unit: 30 part-time emptoyees and 45 full-time employees.

Sumise TMOS js significantly larger. It has 259 residents jn a 278~bed facility. There

are 139 employees in the bargaining unh: 48 part: ... time and 90 ful1-tin:1e. Ln each fa~iHty,

the vast majority of the employees are ''Care Manageis" wbo provide direc.t care to the

residents.

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22Jan 1502:41p Randi Abramsky Arbitrator 416 256 0265

1. The Statutory Criteria

Pursuant to Section 9 of HLDAA, an arbitration board has the duty to ';{e]xamine into

and decide on matters that are in dispute and any other matters that appear to the board

m.:cessary to be decided in order to conclude a collective agreement between the

parties ... ,., The arbitration board has the power "to make a decision on matters of

common dispute between all of the parties" and "to refer matters of particular dispute to

the parties concerned for further bargaining." Section 9 :further requires an interest board

of arbitration to consider the following ·five criteria:

l} The employer's ability to pay in Eght of its f1scal simation;

2) The extent to which services may have to be reduced, in lighl of the decision or

award, if currently turiding and taxation are not increased;

3) The economic situation ~n Ontario and in the municipality where the hospital is

located;

4) A comparison, as between the employees and other comp~able employees in the

publjc and private sectors, of the terms and conditions of employment,. and the

nature of the work performed;

5) The en:;.ployer' s abiEty {o attract and retain qualified employees.

The Employer, here, did not argue an inability to pay, or that a rG2GOJlabk l).Ward

would require it to Jeduce service;;. There was some dispute concemillg the Employer't>

ability to attract and retZJ.in qualified employ€::es. The pm1ies' major dispute, ho\.vev_er,

centered ou the cunent economic situation in Ontario and the gteater Toronto area, and

the comparison of the terms and conditions of emplo.yment, as betwee:.-~ th¢ employe.e..s

involved in this arbitration compared to other compara,.ble employees in the public and

private sectors.

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22 Jan 15 02:41 p Randi Abramsky Arbitrator 416 256 0265

In our mlings in this matter, we have considered the parties' positio:r..s as ably

articulated at the hearing and in their written briefs, along with the appendices and case

law provided, and of course, the statutory criteria. We have been guided by a number of

factors and principles. They include:

(1) This is a first collective agreement. As stated by A.rbitrator Kevin Burkett about a

first collective agreement in Brick Warehot:se Corp. and RWDSU Local 1000, 1994 CLB

12350:

Although first agreements ought not to bt~ "breakthrough" agreements; they also

ought not to be substandard relative. to the industry in which the business finds

itself. By fashioning an agreement that ret1ects both the embryonic stage of the

coUective bargaining relationship and the reality of collective bargaining within the

industry, an arbitra:tion board places the. relationship on a footing from which it c.an

develop into a viable parlnership.

Similarly, .A..rbit.rator Michel Picher recognized that prineiple when he stated as follows,

in Re Foyer &-Viateur Nursiflg Home and Syndica.t Canadien de Ja Fonction Pub!ique,

Locale 4922 (2010), 104 C.L.A.S. 27, atp. 2:

If it is true that interest rubit.ration. is not the fornm for achieving unr,recedented

breakthrough provisians, it i3 also true that care mu;.~t be taken to recognize that

generally tbe gains of a union are not <1ll realized. in a fir&t collective. agreement.

Collective bargaining is an incremental process, so that the movemr.mt ofthe parties

towards the terms of more generous established collective. agree1ncnts in othor

institutions is something to be achieved over time, and cot cut1tdy in the first

collective agreement. 'n1at, in our view, would be the outccme o{ a freely

negotiated agreement.

Likewi.se, A.rbitrator Chris Albcri:yn agreed that "[t]he terms set in a ti.rst colkcti:ve

agreement need not immediately match those of the mature relationships within the

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22Jan 1502:41p Randi Abramsky Arbitrator 416 256 0265

industry." York Centralllo;.;pital and OPS'Eu: Local 374 (2006), 148 L.A. C. (4th) 234, at

par. 16.

(2) The Replication Principle. The goal, to the extent possible, is to fashion an award

which ''replicates" what the parties would have agreed to had they been able to engage in

a strike or lockout. Arbitrator Paula Knopf articu1ated this goal in Re Pembroke (Cityj

.and Pembroke Profe:Ssional Firefighters' Association [2000] O.LA .. A. No. 612, at

paragraph 4:

[Ilt is important to set out the principles which will guide the determination of this

dispute. First and foremost, as a Board of Arbitration resolving an interest

arbitration dispute, the task is to try and replicate collective bargaining as closely as

possible •... The task of an interest board of arbitration is not to impose tem1s and

conditions of employment that seem attrac:tive or even fair to the board of

arbitration, Instead, the task of a board of a:rbitratio:r is. to de.sign a collecttve

agreement that comes as close as possible to what the pa..."ties could hsve expect0d

to achieve if they had heen forced to an impasse, Under the legislation gov•;rning

these partiel!, the right to strike does not exist. I.ntercst arbitrath)u i~ imposed upon

the parties ... Accordingly, we embark on this analysis with the goal of trying to

determine what the parties wuuld have. agreed to had they had the right to strike. , ...

Another aspect of the l'epJjcation principle is to encourage the patties to collectively

bargain rather than rely on interest arbitration to achieve more advantageous, or ks~1

advantageous, terms. Again., as stated by A.rbitrato.r K11opf stated .in R.eti;-ement R11sidence

Operations (REJT cob as Meadowcroft Place) and Ontario F'ederation of Heaithcare

Workers, LJUNA LocallllO, 96 C.L.A.S. 388, at p. 6:

The arbitral awards arc simply meant to reflect, not project, :catii)l1al terms and

conditions of employment. This means that parties emmet resort .to arbitration in

the hopes of attaining what they would not have achieved in collective bargaining.

Therefore, unions cannot hope to gain more and employers canno1 hope to pay less

than \l\7hat their counterparts Jurve negotiated in similar facilities.

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22 Jan 15 02:42p Randi Abramsky Arbitrator 416 256 0265 p.8

Or, as Arbitrator Sudykowski succinctly stated in Re Rainbow Concrete Industries Ltd

and l.U.O.E., Local 793, 2011 CanLII 6861, at par. 21: "[A]n arbitl'atcd collective

agreement shouLd be sufficiently miserly to dissuade a union from resortinf?; to arbitration

except as a last resort, and sufficiently generous to m::;.ke it in the employer's interests to

avoid arbitration."

{3) Relevant comparaiors. The key comparators to assess what the patties' would have

negotiated are v:bai. these parties actually have negotiated, particularly at Sunrise of

Unionville-; both in their tlrst agreement and their subsequent agreement Because Sunrise

of Windsor is in a significantly different geograph.ic area, whh a clifferent union, iess

weight has been given to that agreement. Other comparators include neg~;)tiated first

collective agreements and first interest awards in the retirement home industry,

particularly those negotiat0d by SEIU 1n the greater Toronto area; and what similar

patties in ti:le industry have achieved in similm faC-ilities. We have also cm:sidered the

general economic conditions. in Ontario as well as the demographics that apply to the

retirement home industry.

Our focus is the retirement home sector. Arbitr<l.tOI John McNamee outHned the:

reasol:)s for such an approach in R.e Collegtate Heights Reiirement Reside-nce and Ui1tted

Steelworkers, an unreported decision .dated Oct t 2012, at pp.l.J:-14:

The easiest way to comme11Ce this analyE;is is to consider whether there is any need

to look outside the retirement home sector in terms of a comparison. Vle agree '>.vith

the employer that, in general, there is not. The organized retirement home ~;;:;ctor is

ce1iainly large enough to provide all of the necessary c.omparables 'md even

through some of the work involved. in nursing homes, homes fbr the aged. or

hospitals may be similar to that performed in retirement homes, that fact slwuld not

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22 Jan 15 02:42p Randi Abramsky Arbitrator 416 256 0265

overly influence our decision. There is a plethora of available data on seWements

and collective agreement available within the Tebrement home sector, and, in our

view, an interest arbitration board should seek ... to re1y primarily upon the closest

comparators as are reasonably available and which yield reliable data.

p.9

He further explained that retirement homes are "private sector operators 'Nho are subject

to a set of competitive pressures which are not present in the publlc sector." Unlike

nursing homes or hospitals, retirement homes are not funded by the government, and are

"much less regulated." We agree.

\Ve have also considered the tenus freely negotiated by the parties, prior to

interest arbitration, in order to make a cohesive collective agreement. Arbitrator

Surdykowski summed it u:p this way: "[T]he arbitrator or arbitration boar4 must ensure

that the coUecti ve agreement awarded at arbitration will. integrate \Vith the parts that the

parties have been able to b?.rga1n for themselves. When it comes to issues of

compensation, the costs and benefits .of both the indjvidual ite:m.s and the compensation

package as a whole must be considered." Re Rainbow Cor.crete Industties, Lld., supra at

par.22.

Unless an issue is specifically referenced in this mvard, no award is made. Ail

items agreed to by the parties prior to interest arbitration· arc awarded and will be

included in the respective collective agteemcnts ... All items awarded, except wages as .set

out in issue # 15 belo\v, will become effectiv;;; Dn the date of this Award, and will be

include-d in the respective collective agreements:

22 Jan 15 02:42p Randi Abramsky Arbitrator 4162560265

2. Outstanding Issues

l.Term of tbe CoUective Agt·ecmeut

Burlington: July 24,2013- July 23,2015

Thorne lv'lill: August 16, 2013-August JS~ 2015

Aurora: September 4, 2013 - September 3, 2015

This Agreement shall be effective from [relevant dates, as set out above]. This

Agreement will continue from year to year unless written notice of intent to amend this

agreement is given by either party in accordance with the Ontario Labour Relations A ct.

2. Committees

Article 7.01{.!!} The Patties agree that the Union and the team members have the right to

elect or otherwise select a Negotiating Committee consisting of three (5) representatives.

All members of the negotiation committee shall be teams members who have completed

their probationary period.

Article. 7.0:M..hl The Employer shall pay the wages of up to a maximum of three (3.) team

members for time spent in djrect negotiations (up to and including conci.liation) \vitb. the

Employer during th-eir scheduled working hours.

Artidc 7.02(Q) Where there is not currently an existing practice the Employer agrees to

provide reasonable access to facsimile mschine3 and telephones for the purpose of

adrn:inistration of this collective agreement.

3, Grievance Procedure

Artkle 8.02 A team member may require the presence of a Uni{lll ste:\vard ill person as a

vvitness at any meeting when the team member is being issued discipline. Stewards

undertake to be reasonably available in person for such meeting. In extra•Jr<iinary

circumstanc·cs \Vhen a Union steward is entirely unavailable, th~ tearn member shall bave

the right to the presence of another team member of the team member' g choice who is

working on the current shift. If.no meeting takes place, copies of all corrGspondencc v1ith

the temn member will be given to the Union.

In the event iliat a steward or alternate is not available and the Employer determines that

it is necessary to in:1mediately remove the tea:m member fl·om the workplace, the

Employer will endeavor to schedule a meeting with the team m<::mbcr and a Union

steward as soon as practical thereafter.

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22 Jan 15 02:43p Randi Abramsky Arbitrator 416 256 0265

Notwithstanding the foregoing in the conduct of an investigation into an incident,

including interviews of team members, the Employer has the right to conduct such

investigation without the presence of the steward.

4. Contracting Out

Article 13.01 ~The Employer shall not contract out work usually performed by members

of the bargaining unit if such contracting out results in the layoff of any employees.

5. Shift Premium

Article 17.04 AU team members sbr.ll receive a shift premium of $0.25 (twenty-five cents) for each

hour worked on the night shift. Night shift shall be all hours worked by e.n employee

bet-vveen lJ p.m. and 7 a.m.

6. Clothing Allowance

Article 18AH The Employer agrees to provide each tea."!l member with t;,.vo (2) shirts upon hire, and

thereafter two (2) shirts annualiy vJithin the r;alendar quarter \Vithin which. the team

member's anniversary date falls.

7 .. Paid Holidays

Ar_qd~ 20.01 (a} Paid Holidays

The following days shall be recognized as paid holidays:

New Year's Day Fatnily Day Good Friday Victoria Day Canada Day Civic Day . Labour Day Thanksgiving Day Christmas Day Boxing Day One Floating Holiday

Where one (1) of the above named paid holidays f~lls on a Saturday or Sunday, an

alternative day may be designated. by the Employer as l.he paid hDHday.

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22Jan 1502:43p Randi Abramsky Arbitrator 416 256. 0265

If the Federal or Provincial Govennnent declares another statutory holiday, it shall be

exchang~d for any of the above list of paid holidays tmder this collective agreement

not required by the Employment Standards Act.

Floatin!! Holiday The anniversary date of an Employee's employment shall be a floating holiday.

The floating holiday may be taken on the day or an alternate day with the agreement

ofthe Employer.

Article 20.01(b) For clarification pu.rposes of when a paid holiday begins and ends

the first shift of the day shall be the shift where majority of hours are completed by

eight (8:00) a.m.

Article 20.01(c) Subject to Article 20.02 of this Agreement, where a team member is

scheduled to work on any of the above mentioned paid holidays, the team member

will receive time-and-one-half (Ph) pay fer the hours worked on the paid holiday,

plus the option of either:

('] 1_,

(ii)

pay at her regulru· rate of pay for alJ hours worked on the paid holid'ly; or

a day off with pay at her regu1ar rate of pay within the samt:- pay period as the

paid holiday.

8. Vacation

Article 2UH_

(a) All team members shatl he entitled to vacation with pay based on the length of

continuous service of their anniversary date, in accordance with the following:

(b) Team rnembers, who ha··ve successfully completed their prohationn.ry period,

shall be credited ·with one (1) day per mQrJth of earned vacation en\itlen:tent and

shall continue to earn one (1) day per month to a rnaximem of ten (1 0) days per

year during their first y!;:ar of employment. Team members, upon the completion

of their probationary period, may take vacation cw .. i.its accrued.

(c) Team Members who have compleTed fewer than three (3) years of continuous

service shall accrue two (2) weeks' vacation per year, to be taken as fuc vacation

is accrued.

(d) Team members. who have <',ompleted thr~c (3) years of ccntinuous service shall

accrue three (3) weeks' vacation to be taken as the vacation is accrued,

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22 Jan 15 02A3p Randi Abramsky Arbitrator 416 256 0265

(e) Team members who have completed four (4) years of continuous service shalJ

accrue four ( 4) w-eeks' vacation to be taken as the vacation is accrued.

(f) Teams members who have completed five (5) or more years of continuous

service shall accrue five (5) Weeks' vacation per year to be taken as the vacation

is accrued.

(g) Vacation pay shall be calculated on the basis of wages, excluding vacation pay,

earned by the team member during the period I nwhich the vacation is accrued in

the following manner:

Vacation Time Entitle1}l..§_nt

Two (2) weeks Three (3) weeks

Four (4) weeks Five {5) weeks

Vacation .Pav as a% ofWa!les,

(excluding vacation pav)

4% 6% 8% 10%

Article 41.02 The fotlowing procedures regarding the scheduling of vacations, will

apply:

(1) A vacation planner shaH be posted in the Cormnunity on February 1st of each

year. (2) Team members indicate their vacation preferences on the planner by February

281h of each year.

(3) The vacation planner shall be reposted by Mareh 3 is;' with preferences grantQ;d on

the basis of seniority.

(4) Thereafter, vacation requests shall b~ considered in the crder in which. they are

received.

Artic!t]l.O~ The periods at which team members sha.11 take vacation shall be based on

the selection by the team members according to seniority but shall be finally determined

by the Employer having due concern for the propc:r operation or the Cummurrity. Once

vacation lists arc posted, the Employer will not make changes unless such changes are

required to meet Resident care needs.

Artide 21.04 A team member may not carry forward any vacation unl~~ss speciticnlly

approved by the Employer for special circumslances and at the Employer's discretion.

Article 21.05 The employer will pay vacation pay as part of the regular pay at the time

vacation is taken by the team member.

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22 Jan 15 02:44p Rand~Abramsky Arbitrator 416 256 0265

9. Health and Welfare Benefits

The current benefits applicable to full~time employees who have completed their

probationary period, as well as the respective contributions (Employer's and team

members') are to be listed in the collective agreement. In addition> patt-time team

members may apply for Health and Dental coverage in accordance with the terms of the

group benefit plan in which case the team member shall pay 100% of the prcmLum. The

parties are directed to compile a list of such health and welfare benefits for inclusion in

the collective agreement The Employer may dedu.ct team members' portion of the

premium from their pay in accordance with ctment practice.

The parties are to inciude the following provisions:

(b) The parties' agree that the denial of a benefit to any team member is an issue directly

between the team member and the insurer and may not form the subject matter of a

grievance as contemplated under this CoJlective Agreement.

(c) The Employer will provide a minimum of thirty (3 0) days potice to the Union prior to

a ·~hange in carrier. The Employer will provide a Master Benefit Plan to the Uaion upon

request to a maximum of once per year of the Agreement.

10. Pensi9n

The Emptoyer shall contribute to the RSP/DPSP plan on behalf of team members who

have completed their probationary period and deduct tea.'ltTl members' contributions from

their pay in accordance with cunent practice.

11. Injury & Disability

Arti~_2:?_.05 It~ on the recommendation of the Workplace Accident ln~.uranc.e Plan (or

replacen10nt) or the team member's treating physician (and witb the proy1sion -of

appropriate medica! documentation) a team member is capable only of performing work

of a different kind or of a lighte-r nature, and such work is avaiiable in a clas::;iEcation that

is covered by this Agreement, then the returning team member may exercise his/her

seniority by bumping into the job, jf s/he has the qualifications and can perform the dutier;

without training other than orientation for the durati.o.n of the meciically··supportcd

requirememt tor modified duties. In such case, g./he shall b:~ placed on the appropriate

positic·n on the \\ .. age grid commensi..lrate with her seniority and the relevant position. This

cJause shall be interpreted and implemented consistentiy with the Ontario Human Rtghts

Code and the Workplace Sqfety and Insurance Act.

Article 23.06 Upon provision of a receipt from the doctor and evidence of the amount

paid for by the Employer's Workplace Accident.Insurance Plan, the Employer will top up

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22 Jan i 5 02:44p Randi Ahramsky Arbitrator 4162560265 p.15

the amount paid for a medical note required by the insurer to a maximum of a total

(including the amount paid by the insurer) of $75.00 per note. The team member must

first s1~bmit the note for reimbursement prior to making a request for top up by the

Employer.

12. Sick Leave

Article 24.01

(a)Absence for injury compensable under the provisions of the Employer's Accident

Insurance Policy (or replacement Plan) shall not be charged against sick leave credits.

(b) Upon completion of their probationary period~ a team member is credited ~'ith seven

and one half (7. 5) hours of sick leave.

Thereafter, team members shall accrue sick leave credits on actual hours worked at the

rate of seven and one-half (7.5) hours for each two hundred twenty t1ve (225) hours

worked (or 0.033 hours for every hour worked).

ln the event that a team member is ill, they shall be compensated at 100% of the primary

rate of pay for regularly nchedulcd hours lost due to sickness at non-overtime rates to the

extent of their accrued sick leave credits. Sick leave shall not be used to calculate.

overtime. The maximum sick leave credit account1Jalance is ten (lO) days.

(d) The Emplcyer may request proof of disabling accident or illness:

(i) for any absence in excess of two (2) consecutive days; or

(ii) for the fourth (4th) and succeeding illness in the sick leave year.

13. Personnel Files

~J£_28.01. Discipline shaH not be relied upon after a team member has eighteen {18)

months' continuous employment without discipline?J:y incident

14. Superior Economic Conditions

"Superior Economic Conditions'' i:n place at 1be tacility shall be maintain~cL Vlithin thirty

(30) days of the issuance of tl1is Award, the En1plcyer is directed to advise the Union of

any superiot economic conditions that are in effect. Within ten (1 0) days there~fter, the

Un.iOii shall advise the Employer if is aware of any other superior economic conditions.

AU agreed-upon such cond.itio11s shall be incorporated in the Collective Agreement. If

there is any dispute about what constitutes a superior economic condition or its

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22 Jan 15 02:45p Randi Abramsky Arbitrator 416 256 0265

applicability to the Collective Agreement, this Board of arbitrati.on remains sized to deal

with such issue(s).

15. \Vages

The Board .awards Schedule "A" 1n tem1s of wages for Sunrise of Burlington; Schedule

~'B" in terms of wages for Sunrise of Thome Mi11s on Steeles, and Schedule "C" in terms

of wages for -Sunrise of Aurora.

Rationale:

The Board has given a great deal of thought, time and discussion to the wage rates set out

in Schedules "A", "B" and '~C". All of the rates were important, pa..'iicularly that oftl1e

Care Manager as the majority of employees have that job title. In determining the rates

we considered all of the fe.ctors set out at the start ofth1s A'Nard. We suspect, however,

that the end result will be seen as "too high" by the Employer and "too low" by the

Union.

From the Union's perspective, the rate for Care Manager falls below the 2013 rute for this

position at Sunrise of Unionville, even though it's a 2014 rate, W~ would remind. the

Union that this is a first collective agreement. As Arbitrator Cb..ris Albertyn stated in

York Central Hospital and OPSEU, Local 3741 supra at par. 16:. "(t]he t.etT;1S set in a fi.rst

collective agreement need not immediately match those of the 1nature relationships

within the industry.1'

From the Employer's viev-.r, the Care Manager rates are significantly more thaP- its offer,

·particularly at the end rate. The start rate, however, \Vas adopted from the Employer's

proposal and that rate impacts a large number of employees. The end rate, we believe,

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22Jan 1502:45p Randi Abramsky Arbitrator 4162560265

will be generally in line with the average GTA 2014 rate in the province f-rom the data

provided to us, considering the 2013 and 2014 average increases. Finally, the 3% increase

for 2013 was based on the Employer's proposal.

Cons~quently, if the Union finds the outcome "too low" and the Employer finds it "too

high", that probably means that, overall, we likely struck the right balance.

16. Layoff

Article 12.02 (:a) . A layoff is defined &S a reduction in excess of fifty percent (50%) of

the regular two {2) week gross earnings of a team member i.n .a one-year period.

The Union expressed concern that the Emp1oyer's proposed la11guage (the above, without

the words '1in a one-year period') would allow the Employer to reduce an employee's

hours by 50%, then a few 'lveeks later, again reduce it by 50%, and so on without ever

triggering a layoff. It proposed that no langus.ge defu)ing a layoff be included in the

collective agreement. The additi9n d the words "in a one year period" to the Employer's

proposal is intended to preclude the result that the Union is concern~d about, yet still

provide clarity on when a layoff occurs. If the Employer reduces a team member's

regular hours by more tl1an 50% in a one~year period, a layoffvvill be triggered.

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22 Jan 15 02:45p Randi Abramsky A.rbitrator 416 256 0265 p.18

Conclusion

All issues not dealt with are not granted. All agreed to items are to be included in the

collective agreement.

This Board remai."tl.s seized pending execution of the respective collective agreements.

Dated tlris 9th day ofDecember, 2014.

f)ds• l {rt1CL.Lidissentinpart. !IJavid Chondon, Employer Nominee

;/ ~!{[ .. r {/1 Qz -I dissent m Dart.

Harold Caley, Union ·ominee-, --·- •

17

- ------------------- - - - --- - ~ -----------------------------------

22 Jan 15 02:46p Randi Abramsky Arbitrator 416 256 0265

Schedule "A"

Sunrise of Burlingto!!

Classification Years of Sen•ice -July 24, 201·f~J

/. Oisbwasbc-;·--------j------;:;0-------.r-----miS-~.

1 Sl2.70 I Room Attendant 2

$13.1,,::.5 __ _

; Server 3 S13.60

\ ----~ 4. l $14.20 ----

Concierge i 0 l !pl3.40

~------7~-----.-r-~~~~~~-$~1~3~.~8~0~-~----.~-~ 2 $14.30

i---------'3~· ----r,--~ $14.80

1-------------·-·--J=---4:;--- . ----::$::-;i-:.5.-::-55:;:-. ---~

!Ps :r I 0 --r---SJ4AO-~!

\ CareManager -r, ·. 1 1 $15.35. --~, r >------------,-· $16.40

f-· ; . -~~I . ~_B7.45 --=------_____ t:=- 4 .J;Ul.sQ__ __ _ t...._,_________ J

L~ad Care~~ger --~ ~ l . - i:~:~6 ~·

L~~d Cook. _E 2 1 $17.0D

~-3::_._--r -~f!2Q_~I ----.-------~- $19.00 i

·---~-"----- ~---~------~~-- ----~

--- --~-----.-~.70 ·---l Medication Care Manog.,.. f t---~-~ S16.15 -~--

2 $.!§:EL_ __ _ -3--~-- ~\7.15_====1.

---,--------1 $\8.20

·----- ~ ...........1.-.-----·---1~------·----·----- --~-- r----. .fi4.85-l ll-C~o-::-ok____ _ __ g ___ . -----~fi5.JO-. ---j--1

L I ~---------1--------~----,-- $15.75

2 . l ------·--· -----~-----]- . Sl6.25. .__._{

' -:-- c:- ::~:----1~ ~--_1_-=t·-·--~~~~~~ --L ____ t----=--=-l~--~ITE---1

I-W-e-1-ln_es_s_N_n_rs-e---~--. -··-·4...~--------~~r-=· -~:~~ -j~-. ,., $21.80 .

L ·F· ----r-_----_,-.. - .. _ $22.60 .~--:. ~ --4·--- L . S23.35 ----

'---"-··- ·---'-----

Activities Assistant Life Enrichment M1.1.nager

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22 Jan 15 02:46p Randi Abramsky Arbitrator 416 256 0265 p.20

l 0 ! ~--$::-:-1~ 1 --r- $i~-l

~43~~ jl ~;~:~~ r----i $20.5t===J

• Effective July 24, 2013, all employees shall receive a 3% wage increase, inclusive of amounts

already received on the anniversary date of each employee.

• Effective July 24, 2()14, all employees shall receive the increases, if any, as a result of being

placed on the Wage Grid.

• Any employee who remains above the new Wage Grid shall be red circled and shall receive a 2%

lump sum on all hours :paid in the period July 24, 20i4 to July 23, 2015; payment tc be made by

separate cheque within two pay periods following eaoh quarl.er during tbe se.cond year of the

Collective Agreement.

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22 Jen 15 02:4op Randi Abramsky Arbitrator 416 256 0265

Sch.edule "W'

Sunrise of Tho:rne Mill

i 4 . I $14..20 i ----~----~~-----L:~~----~. '

I Concierge I o __ I ____ $_,_13.,-.4-'-'D- -1

1 L...---4i---~~,--· ::m_-_ j

r·-~---. ---------~Care

Lead Cook

I = _ s:s.ss -

r------~ ----·~$~15~.3~5·----~ 2 $16.40

-----1---·--·--··-- ---·-ft~:~~===J -~---l.. ~-------L--___:=~,. ___ _J

Manag<~r _·· ~---_Q- ~$1S.70 -~- !

1 $16.30. !'

1----

lVIedication Care Man21ger I

L . 2 I Sl 6.65 ..

-· ~.------~

3 $_!_7,!5 --1 ·--....:..,.... 4 $ w.2o 1

~----(} -------r---$14]'5-. ---.. -j !---·---..--~--, . --.--f-----l _______ .L __ ___!lS.J.Q_~_:

11----+---~-l--·-1~--~ 4 ·----r- $i7.25

A~tivitie~ ,Assistant =~-· _ __Q_ __ - . _ -~----~iUo~:=-:-LdeEn•·•clun••tMa•ager t __ l _____ I ___ ......---J.!4.,7Q._ ~· .:

. 2 i $15.2[) .

------3-----r--· Sl 5.70 __ _

!-'-------·- 4- -- l . $16,50 ----=~~

1 Cook

t- r f-=ttm=- -l 1

1 ______ _1 _____ ·-·-- $;2-~~ - . J ··. . 4 --~---' ____ ..J-3:~

'Vellnes.s Nurse

f L-----·-·-------·--·-

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20

22 Jan 15 02:46p Randi Abramsky Arbitrator 4162560265

i ,_

~-~ I j Lead Scrvet' Q $13.50

I I $14.!0 2 $14.70 3 $15.30 4 $16.00

. --I

Host/Hostess I 0 $13.00 I

I . . ~ $13.50 l $14.00

F·---~-r~·----- $!4.5(}

-·--._$15.00

Maintenance Assistant [ -0--=~== $16.00 ~ 't= I ' $1'6.50 I _.,l_ _____ f·- $17.00 -~

3 $17.50 ~

[ Sales Associ at~ o 1 s i 8.50 !

I · I SJ':l.OO ·1

II

2 S19,50 --- 3 $20,00

t-----------..............1 ---=-r-_____ $20.50 __ _:

r·-· -·--c= 0 . ~r . $12.50~-~ I Driver I 1 - ___ $1_3.0Q__

! 2 . $13.50

;_____ ____ __]__ . $14. OL-.--.j 1 .. .._4 ____ L_. __ E±:so _.J

• Effective Au~ust 16,2013, all employees shall receive~ 3% wage increase, inclu>ive of amounts

already received on the anniversary rlaW of each employee.

e~ Effective August 16, 2014, all employees shall receive the increar.es, if any, as a result of being

placed 011 the Wage Grid.

• Any employee who remains above the new ·wage Grid shall be red circled and shall reeeive ::.< 20,.'!,

lump sum on aH hours paid in the period August 16, 2014 to August 15, 2015; payment to be

made by separate cheque within two pay periods following each qu<Jrter during th~ second year Qf

tJ·1e Collective Agree~nent. ·

21

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22 Jan 15 02:47p Randi Abrarnsky Arbitrator 416 256 0265 p.23

Schedule "C"

Sunrise of Aurora

l Clas~~-.ca_tl~·o~---f :e·rn ofo S~rvioe -I: sePt. 4, 2014

\ Dishwasher -------- $12.25

! Room Attendant ;=-- _!i ______ ~ ~!i:;~ __ l Server 1

__ $B_60

~- $14.20 ·-----

Cond-crgc o f-__ __ $13.40 ___ _

1 i $13.80

,----~-------+- ~~::~~ --·-; 4 -r- $15.55 ___ 1

]~ o _ 1 $14.40

- 1 1 $15.35 ~ 2 I .l'li6.4o·----~

l=. ! ~~r--i I Lead Care Manager l . 0 . $15.70 I ! Lead Cook F=+=--~ ;~;:~~-=~:

1

1_ F+~±-- $18.00 - -='

1 Medkation Care :M:a.1tagcr Ec---r=~ [ ~d 1 2 -----i-- $16.65 --

L .-----___ 3_. --=--E--.. ....J~--, 4 . $18.20 •

j· ~::~ ·---~---·0 --~--~~~-=~

l J 1 ===.j=~-= $15.3(} ' - ; ~-m~:- ~ 4 I $17.25

--------~.

I Activities Assistant -~-o =C~$14.20 Life Euric.hment Manager ----l~--=:J=--=---$14.70 ~-:-

11 2 __j_~---~-~J.:Q ___ _

-~ ______ c ~ ---:±==- -~%.~~ -=-~

· Care Man.ager/PSW

L__ --· -----~------ -I Wellness Nurse L=-.-= o1 ____ ._,....___ szo.oo ~-~

1 r $2J.oo . . . 1 1 2 - $21]o ____ _

j I 3 -----$22.60

L____ -~--<~:.......... ~---:1>23.3~ --~

22

22 Jan 15 02:47p Randi Abramsky Arbitrator 416 256 0265

• Effective September 4, 20!3, all employees shall receive a 3% wage increase, inciusive of amounts already received on the anniversar:t date of each employee,

• Effective September 4, 2014, all employees shall receive the increases, if any, as a result of being placed on the Wage Grid.

~t Any employee wh.o remains above the new Wage Grid shall be red ctrcled and shall :receive a 2% lump sum on all hours paid in the period September 4, 2014 to September 3, 2015; payment t() be made by separate cheque within two P"-Y periods foil owing each quarter during the second year of the Collective Agreement.

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