Ona Collective Agreement Uhn

April 11th, 2021

by Andrew Verboncouer

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. The ONA disputed this omission and requested that the nurses concerned be offered retirement and separation benefits as part of their termination options. The hospital violates the collective agreement and has filed a political complaint. 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 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 found that the arbitrator found that the pre-retirement and separation benefits under section 10.14 were only available if the redundancies had occurred as a result of integration. 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. Adjudicator Reilly`s decision gives hospital employers some optimism about the redundancies provisions of 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. 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. In November 2008, St. Michael`s Hospital announced long-term layoffs for the union and seven nurses who contracted at the I.V.

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