Ona Collective Agreement Seniorityadmin
Articles 10.13 and 10.14 of the collective agreement also weighed on long-term redundancies, but the redundancies in these sections are those resulting from integration. The collective agreement provides for the meaning of the concept of „integration“ in the Municipal Health System Integration Act (2006). It states that in November 2008, St. Michael`s Hospital announced long-term layoffs to the union and to seven nurses who were part of the V.I. team at the hospital. The termination had been scheduled due to the rationalization and reallocation of certain aspects of I.V. therapy. The parties agreed that the proposed eviction of the nursing staff concerned constituted dismissal under the collective agreement. At the time of the outings, the hospital was in recruitment mode and was actively looking for nurses outside the hospital to fill vacancies. Nurses affected by the dismissal were able to move into these positions. Adjudicator Reilly found that the case law relied upon by the NIA was of no use in this case. In each arbitration proceeding submitted by the ONA, the parties were linked to the question of whether workers were entitled to offers of retirement options in accordance with Article 10.14 language.
In each of these cases, there was little information on the reasons for the dismissals. The application of section 10.14 was not the subject of direct challenge or attention by the arbitrator. None of the cases dealt with the key issue of this case – when are workers entitled to the risk of applying Article 10.14? In the absence of arbitration on the application of section 10.14, Adjudicator Reilly was required to base his decision on an interpretation of the relevant provisions of the collective agreement. The arbitrator occupied the traditional canons of contractual interpretation and read the relevant provisions of the collective agreement throughout the contract. The Arbitrator found that the language of the collective agreement, when read as a whole and all provisions obtain a vote, distinguishes long-term dismissals resulting from integration, as provided for in Article 10.14, and those caused by other inserthes. When a nurse opts for a pre-retirement option under section 10.14, the collective agreement provides that for each year of service, up to a maximum salary of 52 weeks, she receives a pension of two weeks` salary at a maximum of 52 weeks. Ontario Arbitrator Frank Reilly recently dismissed a complaint by the Ontario Human Rights Association that the employer, St. Michael`s Hospital in Toronto, violated the collective agreement by failing to include retirement or separation benefits in the benefits options for nurses who are laid off. At St. Michael`s Hospital and the Ontario Nurses Association (April 2010), Adjudicator Reilly applied the traditional canons of conventional interpretation to the collective agreement and decided that the benefits provided to licensed nurses vary according to the grounds for dismissal.
In these circumstances, the Saint-Michel Hospital was not required to grant retirement or separation allowances to dismissed nurses and the union`s political complaint was dismissed. In announcing the layoffs to the nurses involved, St. Michael`s Hospital presented nurses with the options listed in section 10.09 of the collective agreement. The options did not include the old age and separation benefits under section 10.14.