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Mediation

Clarion Nursing Homes and SEIU, Local 1 Canada: Labour Arbitration Decision

Strategic Insights

— 2 min read

After a thorough arbitration process, the Ontario Labour Arbitration Board has issued a decision on the collective agreement between Clarion Nursing Homes (the Employer) and SEIU, Local 1 Canada (the Union). The Board, led by Chair Jasbir Parmar, has established guidelines for the parties to follow in their bargaining, striking a balance between the Employer's desire to maintain the status quo and the Union's push for a new collective agreement based on SEIU Central.

The dispute centered on the role of the previous CLAC agreement, which had been in place for 37 years, and the Union's desire to follow the SEIU Central pattern. The Employer argued that the CLAC agreement was the "status quo" and should be the foundation for bargaining, while the Union contended that the SEIU Central agreement was the prevailing normative approach in the sector.

Key Takeaways:

  • The Board has established a framework for the parties to follow in their bargaining, taking into account the CLAC agreement and terms from SEIU Central.
  • The new collective agreement should reflect the workplace's history, including the terms under which it has operated, as set out in the CLAC agreement.
  • If there are issues that are highly normative in the sector, the parties should follow SEIU Central; if there are issues that the CLAC agreement was silent on but are applicable, the parties should follow SEIU Central; and if there are issues unique to the parties or not addressed by SEIU Central, the parties should stay with the status quo.
  • The parties should not expend bargaining power and resources on matters that will result in no meaningful difference.
  • The decision highlights the importance of considering the bargaining history and the impact of a new bargaining agent on the workplace.

Statistics:

  • The parties have resolved 17 issues, but still have over 100 issues in dispute (not including sub-issues).
  • The collective bargaining process has been ongoing for 37 years, with CLAC as the bargaining agent until 2022.
  • The Employer has acknowledged that SEIU Central is considered the yardstick in the LTC sector and a relevant comparator.
  • The Union has relied on 15 cases in support of its position, including Sinai Health System and Mount Sinai Hospital (2023 CanLII 84281).
  • The Employer has relied on 6 cases in support of its position, including Chartwell Seniors Housing REIT and Healthcare, Office and Professional Employees Union, Local 2220 (2013 CanLII 90939).

Sources:

  • Ontario Labour Relations Act (OFLRA)
  • Hospital Labour Disputes Arbitration Act (HLDAA)
  • Participating Nursing Homes and SEIU, Local 1 Canada, 2022 CanLII 63787 (Stout)
  • Sinai Health System and Mount Sinai Hospital, 2023 CanLII 84281 (Kaplan)
  • Chartwell Seniors Housing REIT and Healthcare, Office and Professional Employees Union, Local 2220, 2013 CanLII 90939 (Randall)
  • SEIU Central agreement
  • CLAC agreement
  • SEIU Local 1 Canada collective agreement

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