The Council of Hospital Unions of Ontario (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 facilities that have a hospital relationship. The CUPE negotiations provide direction to all Ontario hospital, NPR and office employees. The comparison of our collective agreements with other unions confirms this. Arbitrator Reilly`s decision makes hospitalized employers a little optimistic about the conditions of dismissal provided for in the ONA`s collective agreement and the corresponding obligations regarding the payment of old-age and separation benefits. Prior to Arbitrator Reilly`s decision, the arbitrators consistently decided that a nurse was entitled to an old-age and/or separation allowance after the ona provisions were triggered, even if vacancies existed elsewhere in the hospital concerned. The resulting costs to hospitals have been significant. The arbitrator found that the early retirement and separation benefits provided for in Article 10.14 were available only if the dismissals were consequent on integration. 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. In November 2008, the St. Michael`s Hospital of the union and seven nurses who have held contracts with the hospital`s I.V. team, long-term layoff deadlines. The dismissal was planned due to the rationalization and reallocation of certain aspects of I.V. therapy. The parties agreed that the planned eviction of the carers concerned constituted dismissal under the collective agreement. At the time of discharges, the hospital was in recruitment mode and was actively looking for registered nurses outside the hospital to fill vacancies. The nurses affected by the dismissal had the right to move to these positions. Articles 10.13 and 10.14 of the collective agreement also deal with long-term redundancies, but the redundancies envisaged in these sections are those resulting from integrations. Under the collective agreement, the meaning of the concept of integration is provided for in the Local Health System Integration Act (2006). CUPE is said to represent approximately 20,000 registered nurse practitioners (NPs) in Ontario.
That`s more than any other union. CUPE negotiations give direction to all Ontario hospital employees, RPNs and office workers. . . .