OPSEU Local 101 v Windsor Regional Hospital – Schedule Change Grievance

CRNSOA v CNL – Unjust Discipline Grievance
January 28, 2021

In this Award of Arbitrator Kelly Waddingham, the Ontario Public Service Employees Union Local 101 (“the Union”) grieved the failure by Windsor Regional Hospital (“the Employer”) to pay a schedule change premium after scheduling the grievor to be on call for the Thanksgiving weekend with less than 48 hours’ notice.

The Union argued that a plain reading of the collective agreement provided for the premium to be paid in the circumstances. The Employer argued that references to on call, referred to as stand-by duty in the collective agreement, were limited to a single section of the collective agreement and did not interact with the provision providing for schedule change premiums to be paid, unlike other provisions within the stand-by article.

The Union argued in reply that the parties could have used language to narrow or restrict the premium pay provision but did not do so, and that the stand-by provision did not need to explicitly refer to the premium pay provision in order to be effective.

The Arbitrator agreed with the Union’s position and allowed the grievance, noting that a plain reading of the premium pay provision did not result in an absurdity or conflict with other provisions of the collective agreement, and as a result, there was no reason to apply a narrower interpretation than the plain meaning of the premium provision.

PDF: OPSEU 101 v Windsor Regional Hospital

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