Ona Collective Agreement Prhc

The union mourned the change in the practice of the health centre by arguing that nursing assistants were entitled to the payment of bonuses under the collective agreement. The union invoked subsection D-3(c)(iii) of the collective agreement, which provides that Arbitrator Parmar completed his analysis by giving its clear and ordinary meaning to the word “planned” and rejecting the union`s argument that the meaning of the word “planned” included all teams worked by a nurse. It found that the health care centre`s practice of paying the premium was not decisive in view of the simple and ordinary importance of the language of the collective agreement. He found that a nurse who works exclusively on the basis of acceptance of the health centre`s offer to work an available weekend position is not entitled to a bonus under the collective agreement. The central issue of the complaint, as summarized by Arbitrator Parmar, was whether a worker who worked on the basis of the acceptance of an additional position offered by the employer was a worker “planned by the health centre”. The arbitrator began his analysis by invoking the fundamental principle of the interpretation of the collective agreement – that in order to give effect to the agreement of the parties, its clear and ordinary meaning must be given when read in the context of the specific provision in particular and the collective agreement as a whole. The health centre agreed that if a nurse had to work on consecutive weekends, the nurse was entitled to the premium. However, the circumstances that led to the complaints related to the fact that the employer was offering additional unsused weekend shifts that nurses could accept or refuse. According to the health centre, the contractual obligation to provide the consecutive weekend bonus only arose if a nurse was “planned” to work on successive weekends. Arbitrator Parmar`s decision is supported by the outcome of Lakeridge Health Corporation and the Ontario Nurses` Association (October 25, 2012). The Lakeridge decision was made public just days before Arbitrator Parmar`s decision and also included the finding of nurses` entitlement to premium compensation for successive weekends. . .

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