MEMORANDUM OF CONDITIONS FOR JOINT BARGAINING
BETWEEN:
THE PARTICIPATING HOSPITALS
Listed in Appendix “A”
(hereinafter called the “Hospitals”)
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEES
On its own behalf and on behalf of each of its Local Unions listed in Appendix “A”
(hereinafter called the “Union”)
The Union and the Hospitals have established and authorized their respective Central Negotiating Committees as set forth in Appendix “B”, who may be accompanied by their Counsel and others from time to time, for the purpose of bargaining on those issues identified by the parties hereto as central issues and coordinating the resolution of local issues to the extent provided herein.
It is the desire and intent of the Union and the Hospital to provide a method of orderly collective bargaining and to negotiate in good faith through their respective Central Negotiating Committees under the provisions of the applicable legislation with a view to renewing the present Collective Agreement for each bargaining unit in each of the Hospitals covered hereby for which the Union has bargaining rights subject to the following conditions:
1. (a) The issues for central bargaining shall be determined by the Central Negotiating Committees and may include but shall not go beyond those set out in Appendix “C” attached hereto. It is understood that the identification of any issue as a “central” issue shall be without prejudice to either party as to the merits or negotiability of such issue. Each Central Negotiating Committee shall submit to the other its proposals on central issues no later than March 2, 2009. A notice to bargain on behalf of all of the participating Local Unions shall be served by the Union’s Central Negotiating Committee, in respect of Central Issues on March 2nd, 2009 and in respect of Local issues on September 28, 2009. The parties agree to meet in central negotiations on the following dates: March 2 to March 10, 2009.
(b) In order to ensure the availability of a conciliation officer to assist the parties during the bargaining of central issues, either party may upon the signing of this Memorandum request the Ministry of Labour to appoint a conciliation officer to meet with the parties between March 2 and March 10, 2009.
(c) Apart from the negotiations conducted between the two Central Negotiating Committees, there shall be no bargaining by the Local Unions with any Participating Hospital or Hospitals with respect to any central issue and any agreement on any central issue arising from any such unauthorized bargaining shall be null and void.
2. (a) All issues other than those identified by the Central Negotiating Committees as central issues will be considered local issues between each Local Union and each Hospital. It is understood that the identification of any issue as a “local” issue shall be without prejudice to either party as to the merits or negotiability of such issue. Each Local Union and each Hospital shall submit to the other, and to its respective Central Negotiating Committee, its proposals, if any, on local issues no later than January 31, 2010. The Central Negotiating Committees shall review these proposals on local issues within thirty (30) days of receiving them in order to ensure that all such proposals are properly local in nature. Bargaining on local issues between the respective Hospitals and Local Unions shall commence no earlier than March 3, 2010 and shall not continue beyond June 30, 2010.
(b) In the event a Hospital and Local Union are unable to achieve a negotiated settlement on local issues, conciliation and mediation proceedings under the auspices of the Ontario Ministry of Labour may be utilized at the option of either party.
3. (a) The parties to this Memorandum shall appoint their nominees to the Board of Arbitration, which is responsible for the unresolved central issues, and their nominees to the Board of Arbitration, which is responsible for the unresolved local issues, no later than April 1, 2009. The nominees shall forthwith attempt to agree upon a third member to act as Chairperson of each of the respective boards. Should there be no such agreement then, the Minister of Labour shall be requested to make the appointment(s).
(b) In order to expedite the arbitration process, the parties will request the Board referred to in (a) above established in respect of central issues to reserve the first available dates prior to June 30, 2009, subject to availability of the Board of Arbitration, for the purpose of setting hearing dates and executive sessions. The Central Parties will request that the central Board of Arbitration will render its decision by August 31, 2009. Further, the parties will request the Board referred to in (a) above established in respect of local issues to reserve the first available dates following September 30, 2010 for the purpose of setting hearing dates and executive sessions.
4. (a) In the event any central issues are submitted to arbitration, the Central Negotiating Committees shall each appoint representatives to an Implementation Committee which will attempt to conclude an Implementation Agreement. If the Committee cannot agree on an Implementation Agreement within thirty days of the issuance of the award, either Central Negotiating Committee may request the Central Issues Arbitration Board to award an Implementation Agreement and shall provide a copy of its request to make written submissions to the Board, and the Board shall award an Implementation Agreement on the basis of the material available to it within this thirty day period.
(b) Any difficulties experienced by a Hospital or a Local Union in incorporating the provisions of the Implementation Agreement into their Collective Agreement shall be referred to the Implementation Committee not later than forty-five days following the date of the Implementation Agreement. The Implementation Committee shall be empowered to resolve any difficulties or problems as it may in its discretion see fit and appropriate. Any agreement reached by the Implementation Committee shall be binding on the respective Hospital and Local Union concerned.
5. Should the parties be successful in negotiating a settlement of all central issues the Hospitals will implement the central issues in accordance with the terms of settlement, subject to satisfying the procedures required under the applicable legislation, and will not delay implementation until all local issues have been resolved.
6. Any settlement agreed to by the Hospitals’ Central Negotiating Committee will be recommended to the Participating Hospitals for ratification. Ratification by at least two thirds of the Participating Hospitals employing at least two-thirds of the affected employees shall constitute ratification by all Participating Hospitals.
7. (a) Any settlement agreed to by the participating Hospital’s Central Negotiating Committee and the Union’s Central Negotiating Committee will be unanimously recommended for ratification.
(b) A vote of the members of each Local Union will take place at the respective place of employment and to be carried out in such a manner as to allow all members of the bargaining unit to vote. Any Central Settlement which is ratified by a simple majority of votes cast shall constitute ratification by all participating Local Unions. Ratification votes cast shall be counted on a province-wide basis.
8. The agreement on central issues arising out of negotiations or arbitration shall not be altered in any way by either party at the local level and shall be implemented and deemed to be in affect notwithstanding any failure to resolve local issues, subject to satisfying the procedures required under the applicable legislation.
9. Any settlement of local issues will be subject to ratification at the local level.
10. The renewal Collective Agreement(s) at each participating Hospital will consist of the appropriate standard central provisions format resulting from the current round of central bargaining and appropriate appendices of local and other issues.
11. It is understood that, except as otherwise referred to in Appendix “A”, the bargaining unit and Collective Agreement of a Hospital covered hereby shall be the existing bargaining unit and Collective Agreement.
12. The Union, while observing its obligation under the legislation to members employed by other public Hospitals will attempt to conduct negotiations with public Hospitals not participating in this joint bargaining mechanism so as not to adversely affect the purpose of this joint bargaining and furthermore neither of the parties to this agreement will disclose at arbitration any reference to a settlement achieved by the Union with a non participating Hospital.
Dated at Toronto, Ontario this 2nd day of March, 2009.
ON BEHALF OF THE CANADIAN ON BEHALF OF THE
UNION OF PUBLIC EMPLOYEES PARTICIPATING HOSPITALS
APPENDIX “A”
PARTICIPATING HOSPITALS - CUPE 2009
HOSPITALS
Alexandria, Glengarry Memorial Hospital
Alexandria, Glengarry Memorial Hospital
Almonte General Hospital
Arnprior & District Memorial Hospital
Blind River, Blind River District Health Centre
Brampton, William Osler Health Centre
Brockville General Hospital
Burlington, Joseph Brant Memorial Hospital
Campbellford Memorial Hospital
Carleton Place & District Memorial Hospital
Chapleau, Services De Sante De Chapleau
Cobourg, Northumberland Health Care Centre
Cornwall Community Hospital
Espanola General Hospital
Riverside Health Care Facilities
-Emo
Fort Frances
Rainy River
Georgetown, Halton Healthcare Services
Geraldton District Hospital
Guelph General Hospital
Guelph, St. Joseph’s Health Centre
Haliburton Highlands Health Services – Hyland Crest
Hamilton, St. Joseph's Health Care
Hawkesbury & District General Hospital
Hearst, Notre Dame Hospital
Hornepayne Community Hospital
Huron-Perth Healthcare Alliance
- Clinton Public Hospital
- St. Mary’s Memorial Hospital
- Seaforth Community Hospital
- Stratford General Hospital
Kenora, Lake of the Woods District Hospital
Kingston General Hospital
Lindsay, Ross Memorial Hospital
Little Current, Manitoulin Health Centre
Markham Stouffville Hospital (Markham and Uxbridge)
Mattawa General Hospital
Midland and Penetanguishene, North Simcoe Hospital Alliance
Mississauga, Credit Valley Hospital
Mississauga, Trillium Health Centre
North Bay General Hospital
Oshawa, Lakeridge Health Corporation
Ottawa, Queensway-Carleton Hospital
Ottawa, Royal Ottawa Health Care Group
Pembroke Regional Hospital
Peterborough Regional Health Centre
Red Lake Margaret Cochenour Memorial Hospital
Renfrew Victoria Hospital
Rouge Valley Health System (Scarborough and Ajax)
Smiths Falls, Perth & Smiths Falls District Hospital
Sturgeon Falls, West Nipissing General Hospital
Sudbury Regional Hospital
Toronto, Hospital for Sick Children
Toronto, Providence Healthcare
Toronto, The Scarborough Hospital
Toronto Rehabilitation Institute
Toronto, St. Joseph’s Health Centre
Toronto, Salvation Army Toronto Grace Hospital
Toronto, St. John's Rehabilitation Hospital
Winchester District Memorial Hospital
Wingham & District Hospital
APPENDIX "B"
CENTRAL NEGOTIATING COMMITTEES
HOSPITALS' NEGOTIATING TEAM - CUPE
CHAIRPERSON: Wayne Simpson Vice-President, Human Resources
The Scarborough Hospital, Toronto
SPOKESPERSON: W. Matthew Sutcliffe Senior Employee Relations Consultant
Ontario Hospital Association
MEMBERS: Kenneth Gazdic Director, Materials Management
Sudbury Regional Hospital
Aileen Edwards Director, Human Resources
Providence Healthcare, Toronto
Vinnie Berman Director, Human Resources Operations
Toronto Grace Health Centre, Toronto
Rhonda Lewis Director, People Practice
Trillium Health Centre
Varujan Gharakanian Senior Manager, Human Resources
St. Joseph’s Healthcare, Hamilton
Jeanette Clarke-Boutilier Manager, Medicine/Telemetry
Rouge Valley Health System
OHA STAFF: Sam Mandelbaum Director
Hospital Employee Relations Services
W. Matthew Sutcliffe Senior Employee Relations Consultant
Hospital Employee Relations Services
Caroline Van Kessel Employee Relations Consultant
Hospital Employee Relations Services
Arlene Papaioannou Employee Relations Consultant
Hospital Employee Relations Services
David McCoy Assistant Consultant
Hospital Employee Relations Services
UNION'S NEGOTIATING COMMITTEE - CUPE
MEMBERSHIP LIST
Council President Michael Hurley
Council Secretary/Treasurer Helen Fetterly
Area Vice-Presidents: Ann Huffmon
(Guelph St. Joseph’s Health Centre)
Brenda Wells
(Hamilton Health Sciences)
Joe Reddy
(Markham Stouffville Hospital)
Diane Crough
(Peterborough Regional Health Centre)
Louis Rodrigues
(Kingston General Hospital)
Sharon Richer
(Sudbury Regional Hospital)
Judy Bain
(Lake-of-the-Woods District Hospital, Kenora)
Marc Lafrance
(Ottawa Hopital Montfort)
CUPE Health Care Coordinator: Gwen Hewitt
Senior Research Officers: Margaret Evans
Doug Allan
APPENDIX “C”
ISSUES APPROPRIATE FOR CENTRAL BARGAINING
1. Purpose Preamble
Feminine/Masculine Pronouns
2. Definitions Temporary Employees
Part-Time Commitment
Regular Part-Time Employee
Casual Employee
3. Relationship No Discrimination
4. Strike and Lockouts
5. Union Security T4 Slips
Notifications to Union
Employee Interview
No Other Agreements
6. Union Representation and Committees Union Activity on Premises
Access to Premises
Labour Management Committee
Local Bargaining Committee
(number and structure are local issues)
Central Bargaining Committee
Pay for Grievance Committee or Stewards
(number and structure are local issues)
7. Grievance and Arbitration Procedure
8. Discharge, Suspension and Discipline Access to Personal File
Employee’s Record
Right to have Steward present
Warnings
9. Seniority Probationary period
Definition of Seniority
Loss of Seniority
Effect of Absence
Job Posting
Transfer and Seniority Outside the Bargaining Unit
Transfer of Seniority and Service
Notice of Layoff
Layoff and Recall
Benefits on Layoff
Technological Change
10. Job Security Contracting out
Work of the Bargaining Unit
Volunteers
11. Leaves of Absence Personal Leave
Union Business
(except number of employees and number of days)
Number of days notice
Full-Time Position with the Union or
Full-time Public Office
Bereavement Leave
Jury and Witness Duty
Pregnancy Leave
Parental Leave
Education Leave
Any Other Leave of Absence Provision
12. Sick Leave, Injury and Disability HOODIP
Sick Leave Entitlement, including penalty clauses
Accumulation
Cashout
Injury Pay
Payroll Deduction for Union-Sponsored
LTD Plan
(Modified Work Committees and Return to Work arrangements are local)
13. Hours of Work Daily and Weekly Hours of Work
(excluding Scheduling) Rest Periods
Additional Rest Periods
14. Premium Payment Definition of Regular Straight Time Rate of Pay
Definition of Overtime
Overtime Premium and No Pyramiding
Time Off in Lieu of Overtime
Reporting Pay
Call Back
Standby
Temporary Transfer
Shift and Weekend Premium
Transfer to Lower Paying Classification
15. Holidays Number of Holidays
Definition of Holiday Pay and Qualifiers
Payment for Working on a Holiday
Payment for Working Overtime on a Holiday
16. Vacation Full and Part-Time Vacation Entitlement
Qualifiers and Calculation of Payment
Work During Vacation
17. Health & Welfare Illness During Vacation
Insured Benefits
Change of Carrier
Pension
Benefits for Part-Time Employees
18. Health & Safety Protective Footwear
19. Compensation Job Classification
Promotion to a Higher Classification
Progression on the Wage Grid (Part-Time) General Wage Increases
Retroactivity
(All monetary items for Registered Technologists are local)
20. Previously Agreed Standard Clauses
21. Superior Benefits
22. Term Length of Agreement
Joint Technical Committee
(Re-opener Dates, Local/Central Determination, Central Participation)
23. Part-Time Employees Definition, and Application of Agreement to Part-time Employees if in Bargaining Unit, except that the definition cannot affect the Scope Provisions of Collective Agreement
24. Professional Responsibility
25. Workload