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Collective Agreements Ontario Ona

Click here for highlights of sunnybrook`s collective agreement amendments (expiring March 31, 2020). The fully updated agreement will be published as soon as it is available. Arbitrator Reilly found that the case law cited by the ONA was of no use in this case. In each arbitration submitted by the ONA, the parties were grouped together to determine whether workers were entitled to offers of retirement options in accordance with the language referred to in Article 10.14. In each of these cases, there was little information on the reasons for the dismissals. The application of Article 10.14 is neither contested nor subject to the immediate attention of the arbitrator. None of the cases addressed the key question in this case: when will workers be entitled to Article 10.14? Due to the absence of an arbitration award for the purposes of section 10.14, Arbitrator Reilly had to base his decision on an interpretation of the relevant provisions of the collective agreement. The collective agreement between the Ontario Nurses` Association (ONA) and St. Michael`s Hospital (the hospital) also applies to most unionized nurses in the province. It asks hospitals to present a series of performance options to nurses subject to long-term dismissals.

Section 10.09 of the collective agreement provides for the possibilities available to these nurses: the arbitrator found that the early retirement and separation benefits provided for in Article 10.14 were available only if the dismissals were as a result of integrations. Dismissals for other reasons, such as in this case, triggered the requirements of Article 10.09, but not those of Article 10.14. Since the employer had provided the benefit opportunities required by section 10.09, there was no violation of the collective agreement in the circumstances and the remedy was dismissed. By communing the dismissals to the nurses concerned, Saint-Michel Hospital presented the nurses with the options listed in Article 10.09 of the collective agreement. The options did not include old-age and separation benefits under Article 10.14. The ONA challenged this omission, arguing that retirement and separation benefits should have been offered to the nurses concerned as part of their dismissal opportunities. He claimed that the hospital was violating the collective agreement and filed a political complaint. Ontario arbitrator Frank Reilly recently dismissed a complaint from the Ontario Nurses` Association, alleging that the employer, St. Michael`s Hospital in Toronto, violated the collective agreement by failing to include retiring or separation allowances in benefit options for dependent nurses.

At St. Michael`s Hospital and the Ontario Nurses` Association (April 2010), Arbitrator Reilly applied the traditional canons of contract interpretation to the collective agreement and decided that the benefits provided to licensed nurses vary depending on the reasons for the terminations. . . .