Arbitrator Reilly`s decision indicates in part that the obligation to pay retirement and/or separation benefits does not appear in all cases. Hospital employers will be able to argue that compensation should not be due when there are positions open at the hospital. If the decision is beneficial to employers, it remains to be seen whether it will be followed by other arbitrators. Each union focuses on the main activity of representing its members at the bargaining table. In this section, you`ll find information on THE collective agreements of NAU members and rate updates. Click here to find your local collective agreement. Adjudicator Reilly found that the case law relied upon by the NIA was of no use in this case. In each arbitration proceeding submitted by the ONA, the parties were linked to the question of whether workers were entitled to offers of retirement options in accordance with Article 10.14 language. In each of these cases, there was little information on the reasons for the dismissals. The application of section 10.14 was not the subject of direct challenge or attention by the arbitrator. None of the cases dealt with the key issue of this case – when are workers entitled to the risk of applying Article 10.14? In the absence of arbitration on the application of section 10.14, Adjudicator Reilly was required to base his decision on an interpretation of the relevant provisions of the collective agreement. 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 stated that with the announcement of the layoffs to the nurses involved, St.
Michael`s Hospital presented to the 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.