In the Matter of an Interest Arbitration Pursuant to the Hospital Labour Disputes Arbitration Act, Ontario

Between:

MON SHEONG FOUNDATION RICHMOND HILL LONG-TERM CARE CENTRE

(the Employer)

- and -

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA

(the Union)

A W A R D

Paula Knopf - Chair Michael Riddell - Employer Nominee

Harold Caley - Union Nominee

Appearances: For the Employer: Leola W. Pon For the Union: Jesse Stanson The hearing of this matter was held in Markham, Ontario on October 13, 2011,

and written submissions were received thereafter until July 19, 2012.

This is an Interest Arbitration convened to resolve a first Collective Agreement

between the parties.

The Mon Sheong Foundation (the Employer) is a charitable organization that

provides a variety of services to the Chinese community in the Greater Toronto

area. The Foundation operates a Home for the Aged and two Long-Term Care

Centres.

This case concerns the Richmond Hill Long-Term Care Centre that has 192

beds, offering private, basic and couples rooms. It provides 24/7 nursing

special services to promote quality of life opportunities to the residents. The

other two facilities operated by this Foundation have bargaining units

represented by the Canadian Union of Public Employees and the Ontario

Nurses' Association. The bargaining unit concerning this case at the Richmond

Hill facility is represented by the Service Employees International Union, Local 1

(the Union). It became the certified bargaining agent on November 25, 2010.

The bargaining unit consists of all employees save and except supervisors,

persons above the rank of supervisor, Registered Nurses and office and clerical

staff. Therefore, this Unit includes Personal Support Workers, Registered

Practical Nurses, Dietary Aides, Cooks, Housekeeping Aides, Janitors, Laundry

Aides, and Maintenance Workers. There are approximately 71 full-time and

179 part-time and casual members in the bargaining unit.

The parties have resolved some items of this first Collective Agreement.

However, a significant number of items were referred to this Board of Arbitration

for determination, including some basic provisions and language issues. This is

very unfortunate for the parties and resulted in delays in the final determination

of this Award.

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In approaching this case, the Board of Arbitration has paid heed to the dictates

of the legislative criteria that apply to the parties. Section 9(1) of the Hospital

Labour Disputes Arbitration Act provides:

In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria:

1. The employer’s ability to pay in light of its fiscal situation.

2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased.

3. The economic situation in Ontario and in the municipality where the hospital is located.

4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

5. The employer’s ability to attract and retain qualified employees.

We have also considered the extensive material provided to us by the parties

that discloses what similar and related parties have negotiated in similar

facilities for the relevant periods. This enabled the Board of Arbitration to apply

the principle of “replication” so that we may attempt to discern what similar

parties have voluntarily agreed upon. This has also assisted us in being able to

try to “replicate” the results of functional and principled collective bargaining.

We have also kept in mind that this is a first Collective Agreement for the

parties. This may be why so many items remained outstanding. It also informs

the decisions about specific demands that each party put forward. Some of the

items that have not been awarded have not been left aside because they have

no value or merit, but often because they may be more appropriate to adopt or

adapt as the bargaining relationship matures.

Further, in addressing the issues, we have tried to craft a Collective Agreement

that is consistent with the provisions already agreed upon by the parties and

that provides a workable basis for future collective bargaining. Finally, where

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either side has made a proposal that we have not adopted, this has been

because there has been no demonstrated need or insufficient evidence of a

similar provision in a similar facility.

Accordingly, we order that the parties complete their Collective Agreement by

incorporating all their agreed-upon items as well as the remaining contractual

provisions that have been resolved as follows:

1. Definitions - Part-time employees are defined as employees who

normally work less than thirty-seven and one half (37 ½ ) hours per week.

2. Union Security - [This provision shall be implemented within thirty days after the issuance

of this Award.]

(i) All Employees who are in the employ of the Employer at the signing

date of this Agreement and all new Employees who enter the employ of

the Employer after the Agreement has been signed, shall as a condition

of employment, be subject to regular monthly dues to be deducted from

their wages and remitted to the Union. It is understood that dues shall be

deducted from all Employees beginning in their first month of hire.

(ii) The Employer agrees to forward a list of dues deductions in an

electronic format designed by the Union showing the names,

classifications, current addresses, phone numbers, Social Insurance

Numbers, highlighting new hires, resignations, terminations, new unpaid

leave of absence and return from leave of absence, hourly rate, hours

worked, and the amount of dues remitted on behalf of each of the

employees for whom deductions have been made.

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(iii) Deductions shall be made from the first pay of each month and

forwarded to the Union Office in an electronic format on or before the last

day of the same month in which the deductions are made.

3. Union Representation and Committees

(i) It is agreed that the Union will elect or otherwise select a Negotiating

Committee consisting of four (4) Employees, one (1) of which shall be the

Chief Steward.

(ii) The Employer will recognize a Union administrative committee for the

bargaining unit which will consist of a chief steward and three (3)

stewards.

(iii) The Employer shall pay representatives and Committee members

their respective wages for all time lost from regularly scheduled hours

investigating and/or processing grievances, up to but not including the

arbitration stage, negotiation of the Collective Agreement and renewals

thereof, up to and not including conciliation. Employees on the evening

and night shift shall receive paid time off for the actual day of the

negotiating meeting.

(iv) The Union and the Employer may request a meeting to discuss

matters of mutual concern and interest. Neither party shall have more

than three (3) representatives at the meeting. The party requesting the

meeting shall submit to the other at least fourteen (14) calendar days

before the meeting a written summary of the topics to be discussed at the

meeting. All agenda items must be mutually agreed to prior to being

placed on the agenda or discussed at the meeting. Meetings shall not be

used to discuss matters which are the subject of a grievance and matters

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which are, at the time, the subject of collective bargaining, nor can the

parties alter, modify or amend any part of the Collective Agreement.

A representative attending such a meeting shall be paid for wages lost

from the regularly scheduled hours.

4. Arbitration Procedure

The arbitrator shall not be authorized to make any decision inconsistent

with the provisions of this Agreement, nor to alter, modify, add to or amend

any part of the Agreement.

5. Seniority - Effect of Absence

Whenever they are used in the Collective Agreement, the terms seniority

and service shall be deemed to refer to length of employment subject to the

following conditions:

(a) It is understood that during an approved absence not paid by the

Employer not exceeding thirty (30) continuous days or any approved

absence paid by the Home, seniority will accrue.

(b) During an absence not paid by the Employer exceeding thirty (30)

continuous calendar days, credit for service for purposes of salary

increment, vacation, sick leave, or any other benefits under any provisions

of the Collective Agreement or elsewhere, shall be suspended; the benefits

concerned appropriately reduced on a prorata basis and the Employee’s

anniversary date adjusted accordingly. In addition, the Employee will

become responsible for full payment of subsidized Employee benefits in

which he/she is participating for the period of the absence.

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(c) It is further understood that during such leave of absence not paid by

the Employer, credit for seniority for purposes of promotion, demotion,

transfer or lay-off shall be suspended and not accrue during the period of

absence. Notwithstanding this provision seniority shall accrue for a period

of twenty-four (24) months if an Employee’s absence is due to a disability

resulting in WSIB benefits.

(d) Benefits - WSIB or Paid Leave The Employer shall continue to pay premiums for benefit plans for Employees who are on paid leave of absence or receiving WSIB benefits if the Employee continues their contribution towards said benefits. It is understood that the obligation of the Employer, to pay the aforesaid benefits while on WSIB, shall continue for up to twenty-four (24) months following the date of the injury.

6. Seniority List Should there be a tie of date of hire of two (2) or more full-time

Employees, the tiebreaker used shall be a lottery.

7. Recall Rights

A laid off Employee shall retain the rights of recall for a period of twenty-

four (24) months.

Benefits on Lay-Off

In the event of a lay-off, provided the Employee deposits with the Home

his/her share of insured benefits for the succeeding month (save for weekly

indemnity for which laid-off Employees are not eligible) the Employer shall

pay its share of the insured benefits premium for a period up to three (3)

months from the end of the month in which the lay-off occurs, or until the

laid-off Employee is employed elsewhere, whichever comes first.

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8. Temporary Vacancies

Any temporary vacancy with an anticipated duration of eight (8) weeks or

more will be posted. Employees working less than thirty-seven and one-

half (37½) hours a week shall be given the first opportunity to fill

temporary vacancies, subject to Article 10.08. The Employer will outline to

the Employee selected to fill the vacancy the anticipated conditions and

duration of such vacancy.

An Employee returning from leave of absence shall have the right to return

to his/her former position. In instances where an Employee returns to work

prior to estimated date of return the Employer shall not be liable for

payments to the resulting displaced Employee(s). In the event that a part-

time Employee is the successful applicant, the part-time Employee shall

retain his/her part-time status during the temporary full-time period.

Nothing herein shall prevent the Employer from temporarily filling any

position or vacancy for a period of up to eight (8) weeks duration as the

Employer may deem appropriate.

An Employee filling a temporary vacancy of eight (8) weeks or longer

duration shall not bid on any other temporary posting until the end of his/her

temporary position, unless an opportunity arises which allows a part-time

Employee to bid on a temporary full-time posting.

Part-time Employees who fill temporary full-time positions shall continue to

be treated for all purposes as part-time Employees. However, if the part-

time Employee continues in the temporary position for more than fourteen

(14) months, and is receiving money in lieu of benefits, the part-time

Employee will be enrolled in the premium based benefits (being full-time

life insurance, extended health care and dental) and the money in lieu

ceases. For any other purpose, the Employee continues to be treated for

all purposes as a part-time Employee. When the temporary position ends,

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the Employee returns to his/her part-time position, benefits cease, and

money in lieu is reinstated.

9. Contracting Out No bargaining unit employee will lose his/her job or suffer a reduction in

his/her normal hours of work as a result of contracting out.

10. Work of the Bargaining Unit Persons whose jobs are not in the bargaining unit shall not work on any

jobs which are included in the bargaining unit except for the purposes of

instruction, experimenting or in emergencies when regular employees are

not available and provided that the performing of the aforementioned

operations in itself does not reduce the hours of work or pay of any

employee.

In the event the Employer plans to change a vacant full-time position to a

part-time position, it will advise the Union and discuss its plans with them.

11. Printing the Collective Agreement

The Employer and the Union will share equally in any cost of printing the

Collective Agreement in English and Chinese, after the Union provides the

translation into Chinese to the Employer.

In the event of a dispute or discrepancy between the Chinese translation

and the Employer version of the Collective Agreement, the English version

of the Collective Agreement will prevail.

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12. Pregnancy and Parental Leaves Pregnancy and parental leaves will be granted in accordance with the

Employment Standards Act of Ontario unless otherwise amended.

For the purposes of this Article, a "parent" is defined as a person with

whom a child is placed for adoption and a person who is in a relationship

of some permanence with a parent of a child and who intends to treat the

child as his or her own.

The Employer shall not deny a pregnant employee the right to continued employment during the period of the employee's pregnancy.

Length of Pregnancy and Parental Leave

Employees will be granted up to one year (52 weeks) of combined

pregnancy and parental leave. Pregnancy leave shall cover a period of up

to seventeen (17) weeks and may be commenced up to seventeen (17)

weeks prior to the expected birth of a child.

Seniority Status on Pregnancy and Parental Leave

While on pregnancy and parental leave employees shall retain their full

employment status. Seniority and service shall be retained during the

entire length of the leave and will accumulate during seventeen (17)

weeks of pregnancy leave and thirty-five (35) weeks of parental leave.

Employer Payment of Benefits while on Pregnancy and Parental Leave

During seventeen (17) weeks of pregnancy leave and thirty-five (35)

weeks of parental leave, the Employer shall continue to pay its share of

premiums of the hospital, the medical, group life insurance and other

benefits of this agreement. Employees who take longer parental leave

may choose to continue enrolment in their benefits provided:

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(a) The employee notifies the Employer of his/her intention to continue

benefits at least four (4) weeks prior to the expiry of their thirty-five (35)

weeks of parental leave; and

(b) The employee provides post-dated cheques in advance to cover the

costs of continuing his/her benefits.

Procedure upon return from Pregnancy and Parental Leave

When an employee decides to return to work after pregnancy or parental

leave, the employee shall provide the Employer with at least two (2)

weeks' notice. On return from pregnancy or parental leave, the employee

shall be placed at least in the employee's former position. If the

employee's former position no longer exists, the employee shall be

placed in an equivalent position.

13. Union Leave - [effective the date of this Award]

The Employer shall grant leaves of absence to of up to three (3) Employees

to attend Union Conventions, Seminars, Education Classes or other Union

business. The Union agrees that such leave will not unduly affect the proper

operations of the Nursing Home.

In requesting such leaves of absence, the Union must give twenty-one (21)

days' clear notice to the Employer to be confirmed by the Union in writing.

Employees on such leave of absence will be paid by the Employer who will

be reimbursed by the Union for the amount paid to the Employees. While on

unpaid Union leave of up to thirty (30) days, Employees will be maintained

on regular pay and benefits (including Pension), and the Union shall fully

reimburse the Employer for wages, statutory benefits (i.e. EHT, EI, CPP and

WSIB) and Pension, but would not include Health and Welfare premiums (if

applicable).

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14. Bereavement Leave - [effective the date of this Award]

Upon the death of an Employee’s spouse, (to include same sex partner),

child or stepchild, an Employee shall be granted leave up to a maximum of

five (5) days without loss of pay.

Upon the death of an Employee’s mother, father, step-parents, mother-in-

law, father-in-law, brother, sister, brother-in-law, sister-in-law, legal

guardian, grandparent, grandchildren, son-in-law or daughter-in-law, the

Employee shall be granted leave up to a maximum of three (3) days

without loss of pay.

It is agreed that pay for such days of absence is limited to the days actually

missed from work as per the Employee’s scheduled working days.

In the event of a delayed internment, an Employee may save one of the

days identified above without loss of pay to attend the internment.

An Employee shall be granted one (1) day bereavement leave without loss

of pay on the death of his or her aunt or uncle, niece or nephew.

An Employee will not be eligible to receive payment under the terms of

Bereavement Leave for any period in which he/she is receiving payments

for holiday pay or vacation pay.

NOTE: It is understood that if an Employee is on sick leave the

bereavement leave will not be charged against sick leave accumulated.

Where it is necessary because of distance, the Employee may be

provided up to four (4) days' additional unpaid leave.

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15. Educational Leave - [effective the date of this Award]

If required by the Employer, an Employee shall be entitled to a leave of

absence with pay and without loss of seniority and benefits to upgrade his

or her employment qualifications.

Where Employees are required by the Employer to take courses to

upgrade or acquire new employment qualifications, the Employer shall pay

the full cost associated with the courses.

Leaves of absence with pay and without loss of seniority shall be granted

to allow employees to write examinations for courses previously approved

by the Employer.

16. Premium Payments Overtime

Overtime shall be paid for all hours worked over eight (8) hours in a shift

or eighty (80) hours bi-weekly, at the rate of time and one-half (1½) the

Employee’s regular rate of pay.

Employees who work overtime will not be required to take time off in

regular hours to make up for overtime worked, but may take time off

equivalent to overtime by mutual agreement.

Shift Premiums - [effective the date of this Award]

All Employees shall receive a shift premium of seventy cents ($.70) for

each hour worked on the afternoon or evening and night shifts only. Shift

premium will not be paid for any hour in which an Employee receives

overtime premium and shift premium will not form part of the Employee’s

straight time hourly rate.

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Minimum Reporting Pay - [effective the date of this Award]

If an Employee reports for work at the regularly scheduled time for his or her

shift and no work is available, such Employee will be entitled to a minimum

of four (4) hours' pay at the Employee’s regular rate provided that:

(a) The Employee has not been previously notified by the Employer to

the contrary, either orally or by message left at the Employee’s residence.

(b) If requested by the Employer, the Employee shall perform a minimum of

four (4) hours of such available work as the Employer may assign.

Call Back - [effective the date of this Award]

When an Employee is called back to work after leaving the Nursing Home

premises upon completion of his/her shift, such Employee will receive a

minimum of four (4) hours' pay at straight time rates, or actual hours

worked at time and one-half (1½) his/her regular rate of pay, whichever is

the greater. It is understood that this provision shall not apply in the case

of Employees required to work immediately prior to the commencement of

their regular shift.

17. Uniform Allowance - [effective the date of this Award]

The Employer shall provide an annual clothing allowance of one hundred

thirty dollars ($130.00) or two dollars and fifty cents ($2.50) per

week. The provisions of this clause shall apply only to full-time

and part-time employees (pro-rated).

18. Paid Holidays

Pay for Work on Scheduled Holidays

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Employees who are not required to work on the above holidays shall

receive holiday pay equal to one day's pay. Employees who are

required to work shall be paid at the rate of time and one-half (1

1/2) plus another day off with pay at a time mutually agreeable

between the employee and the Employer.

Compensation for Holidays Falling on Scheduled Day Off

When any of the above noted holidays fall on an employee's scheduled day

off, the employee shall receive another day off with pay at a time mutually

agreed upon between the employee and the Employer.

19. Vacation Schedules - [effective the date of this Award]

Vacation schedules shall be posted by April 30th of each year and

shall not be changed unless mutually agreed upon between the

employee and the Employer. Vacations shall commence immediately

following an employee’s regularly scheduled days off.

20. Vacations - Full-time Employees - [effective the date of this Award]

Preference in vacations shall be by seniority.

Employees with less than one (1) year of continuous service shall

receive 0.83 days for each completed month of service up to ten (10)

days.

Employees with one (1) year of service on or before June 30th of the current

year shall receive two (2) weeks’ vacation. Vacation pay for such Employees

will be at their current rate.

Employees with three (3) years of service on or before June 30th of the

current year shall receive three (3) weeks’ vacation. Vacation pay for such

Employees will be at their current rate.

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Employees with eight (8) years of service on or before June 30th of the

current year shall receive four (4) weeks’ vacation. Vacation pay for such

Employees will be at their current rate.

Employees with seventeen (17) years of service on or before June 30th of

the current year shall receive five (5) weeks’ vacation. Vacation pay for

such Employees shall be at their current rate.

Employees with twenty-four (24) years of service on or before June 30th of

the current year shall receive six (6) weeks’ vacation. Vacation pay for

such Employees will be at their current rate.

21. Vacations - Part-time Employees - [effective the date of this Award]

All part-time employees shall be entitled to vacation pay based upon

the applicable percentage of their gross earnings provided in

accordance with the vacation entitlement for full-time employees on

the following basis:

2 weeks or less entitlement 4%

3 weeks entitlement 6%

4 weeks entitlement 8%

5 weeks entitlement 10%

For the purpose of assessing a part-time employee’s vacation

entitlement, 1950 hours worked equals one year of service.

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22. Vacations

Employees who have lost their seniority and have terminated their employment

between vacation periods, shall on termination of employment be paid a

vacation with pay allowance based on the amount of vacation pay to which such

Employee shall be entitled from the last cut-off date prior to the date of

termination. Such allowance shall be paid no later than the next regular payroll

date.

If an Employee transfers from part-time to full-time or vice versa, the following

method shall be used to calculate his/her vacation service date: 1950 hours

worked equals one (1) year of service.

23. Health and Insurance Benefits The Employer shall contribute eighty percent (80%) of the billed rates of

premiums for employees participating in the group benefit plans in place as of

the effective date of this Collective Agreement.

The Employer shall provide to each person a copy of the current information

booklets for those benefits provided under this Article. The Union shall be

provided with a current copy of the Master Policy. It is clearly understood that

the Employer’s obligation pursuant to this Collective Agreement is to provide the

insurance coverage bargained for. Any problems with respect to the insurer

acknowledging or honouring any claims is a matter as between the Employee

and the insurer. The Employer will provide a minimum of thirty (30) days’ notice

to the Union prior to substituting carriers.

NOTE: Any employee who is currently in receipt of premium contribution

above the rate in the collective agreement shall have the rate red-circled

during the term of this collective agreement.

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24. Pension Benefits

Subject to the terms and conditions of the Plan, Employees currently

enrolled in the Hospitals of Ontario Pension Plan (HOOP) will continue

participation.

25. Proof of Illness

An employee may be required to produce a certificate from a medical

practitioner for any illness in excess of four (4) working days certifying that

he/she is unable to carry out his/her duties due to illness. Such a certificate

may also be required where the Employer has reasonable grounds to suspect

that an employee is abusing the sick leave benefits.

In the event that there is a charge for obtaining the medical certificate, the

Employer will pay the cost of requested medical certificates to the

maximum provided in the Ontario Medical Association's "Physicians

Guide to Third Party and Uninsured Services".

26. Compensation

Effective January 1, 2011, the rates of pay in each classification in the

current Schedule A shall be increased by 2%.

Effective January 1, 2012, the rates of pay in each classification shall be

increased by a further 2%.

These adjustments to salary shall be incorporated into an amended

Schedule A of the Collective Agreement.

NOTE: Any employee who currently is in receipt of a monetary benefit (for

example a wage rate that is above the wage grid) that exceeds that

contained in this Collective Agreement shall continue to receive such

monetary benefit and have the percentage increases applied to it during

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the term of this Collective Agreement.

The retroactive payment applies to wages only based upon hours paid by

the Employer. Employees who have left their employment will be notified

by prepaid post, addressed to their last known address. Entitlement is

lost if not claimed within thirty (30) days.

27. New Classification

When a new classification (which is covered by the terms of this Agreement) is

established by the Home, the Home shall determine the rate of pay for such

new classification and notify the Local Union of the same within seven (7) days.

If the Local Union challenges the rate, it shall have the right to request a

meeting with the Home to endeavour to negotiate a mutually satisfactory rate.

Such request will be made within ten (10) days after the receipt of notice from

the Home of such new occupational classification and rate. Any change

mutually agreed to resulting from such meeting shall be retroactive to the date

that notice of the new rate was given by the Home. If the parties are unable to

agree, the dispute concerning the new rate may be submitted to arbitration as

provided in the Agreement within fifteen (15) days of such meeting. The

decision of the Board of Arbitration (or Arbitrator as the case may be) shall be

based on the relationship established by comparison with the rates for other

classifications in the bargaining unit having regard to the requirements of such

classification.

When the Home makes a substantial change during the term of the Agreement

in the job content of an existing classification which in reality causes such

classification to become a new classification, the Home agrees to meet with the

Union if requested to permit the Union to make representation with respect to

the appropriate rate of pay.

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If the matter of the rate of pay is not resolved following the meeting with the

Union, the issue of the rate of pay may be referred to arbitration as provided in

the Agreement within fifteen (15) days of such meeting. The decision of the

Board of Arbitration (or Arbitrator as the case may be) shall be based on the

relationship established by comparison with the rates for other classifications in

the bargaining unit having regard to the requirements of such classifications.

The parties further agree that any change mutually agreed to or awarded as a

result of arbitration shall be retroactive only to the date that the Union raised the

issue with the Home.

28. Wage Progression

Employees within their position classification will progress from the "start rate"

to the "one year rate" and so on, on the basis of the equivalent of full-time

hours worked at the "start rate" to the "one year rate" and so on. Hours

worked and paid for, and hours not worked and paid for by the Employer, and

hours not worked and paid for under the WSIA shall be considered hours

worked for the purposes of computing eligibility to progress to the next higher

rate within their position classification.

Hours worked and hours paid for by the Employer during an Employee’s

probationary period will be included for purposes of wage progression.

29. Personnel Files Letters of reprimand and/or suspension are to be removed from an

Employee’s personnel file after eighteen (18) months from the date of

discipline.

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However, this provision does not apply in the case of incidents involving third

party interface (e.g. residents and family) where the record will remain on file,

unless reversed by arbitration or settlement.

30. Part-time Employees Seniority for part-time employees shall be based upon actual hours worked,

i.e. 1950 hours equal one (1) year of seniority.

Part-time employees shall not be entitled to the Holiday, Sick Leave and

Health Insurance Benefits but in lieu of these benefits shall be paid twelve

percent (12%) per hour in addition to their regular hourly rate for all hours

worked.

For clarification: Part-time employees who work on any of the holidays as

defined in the applicable Article will be paid at the rate of time and one-half

(1.5) for all hours worked on the holiday.

31. Term

This Agreement shall be in effect from December 14, 2010 until December 13,

2012 and shall continue automatically thereafter during annual periods of one

(1) year each, unless either party notifies the other in writing, within ninety

(90) days prior to the expiration date, that it desires to amend or terminate this

Agreement.

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Conclusion

As stated above, the parties shall incorporate into their Collective Agreement

all the agreed-upon provisions, as well as the terms and conditions that have

been resolved in this Award. We have not assigned numbers to the

contractual terms because of the inordinately large amount of unresolved

issues and the confusion created by the parties’ inability to even agree upon

the numbering scheme for their contract. We now hope and trust that

determination of those items will enable them to create a completed

Collective Agreement. However, we remain seized with regard to

implementation should the parties require further assistance.

DATED at Toronto this 7th day of August, 2012.

____________________________

Paula Knopf - Chair

"I dissent - see attached Dissent"

___________________________

Michael Riddell - Employer Nominee

"I dissent in part"

_____________________________

Harold Caley - Union Nominee

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Dissent of Employer Nominee

I have reviewed the draft Award of the Chair, and I respectfully dissent.

The Award contains improvements to a number of monetary issues including wages,

shift premiums, vacations, group benefits, and uniforms. The totality of these monetary

improvements cannot be justified in consideration of the current economic situation in

Ontario and the Employer’s ability to pay in the light of the reduction in funding from the

Provincial Government.

Dated at Toronto, Ontario this 2nd day of August, 2012

“Michael Riddell”

Employer Nominee