St Michael`s Hospital Collective Agreement
In November 2008, St. Michael`s Hospital announced long-term layoffs for the union and 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. The Ontario Hospital Council (OCHU) is the CUPE Hospital Service.
OCHU/CUPE negotiates a provincial collective agreement with the Ontario Hospital Association and establishes this model across the hospital sector and for long-term care centres that have a relationship with a hospital. CUPE`s negotiations provide leadership for all employees in Ontario hospitals, NPRs and offices. The comparison of our collective agreements with other unions confirms this. In support of this interpretation, Adjudicator Reilly found that, in the development of the collective agreement, the parties agreed to separate sections with different rights in the event of long-term dismissal. He explained that Adjudicator Reilly`s decision gives hospital employers some optimism about the redundancies provisions in the NAOS collective agreement and the obligations to pay retirement and separation benefits. Prior to Adjudicator Reilly`s decision, arbitrators always held that a nurse was entitled to an old age and/or separation allowance, even if positions were vacant elsewhere in the hospital concerned, as soon as the provisions of the COLLECTIVE agreement ONA had been triggered. The resulting costs to hospitals have been considerable. 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 the arbitrator found that the section 10.14 pre-retirement and separation benefits were only available if the terminations had occurred as a result of integrations. Dismissals for other reasons, as in this case, motivated the requirements of section 10.09, but not the requirements of section 10.14.
Since the employer submitted the benefit options required under section 10.09, there was no breach of the collective agreement in the present circumstances and the complaint was dismissed. CUPE represents approximately 20,000 Registered Nurse Practitioners (NPNs) in Ontario. It is more than any union. CUPE`s negotiations provide leadership for all employees in Ontario hospitals, NPRs and offices.