Labour Arbitration Award: Ontario Participating Hospitals and ONA

The Ontario Labour Relations Board, led by Chair William Kaplan, has made a crucial decision regarding the implementation dispute between the Participating Hospitals and the Ontario Nurses Association (ONA). The dispute centered around the application of the new RN wage grid, which resulted in wage fluctuations in other grids, such as the Clinical Resource Nurse grid and the Nurse Practitioner grid. The ONA sought an order to eliminate these fluctuations, citing backsliding wages, while the Participating Hospitals argued that flattening steps in some grids was a predictable outcome and had been addressed in previous collective bargaining rounds.

Key Takeaways:

• The Board found that its residual jurisdiction does not extend to issuing an order to eliminate wage fluctuations in other grids, as it is an implementation matter that should be addressed through collective bargaining.
• The Participating Hospitals argued that flattening steps in some grids was a predictable outcome and had been addressed in previous collective bargaining rounds, with the Association proposing a similar resolution in 2007.
• The Board agreed that the issue of wage fluctuations is an ongoing concern that can be addressed through future collective bargaining rounds, but it is not a matter for the Board's residual jurisdiction.
• The Participating Hospitals are now on record that past practice between the parties is to maintain the percentage differentials in wage rates between the Registered Nurse and other classifications, ensuring that no nurse's rate of pay will decline as a result of this anomaly.
• The ONA had proposed the elimination of offending steps, which would have compressed the grid and eliminated backsliding wages.
• The Board observed that elimination of steps would accelerate the job rate, which is contrary to the purpose of a grid: to recognize experience obtained over time.
• The parties can still refer flattening issues to local parties or address them through future collective bargaining rounds.

Statistics:

• The Board met in Executive Session on April 15, 2024, to review the submissions of the parties.
• The Joint Bargaining Memorandum of Conditions was signed by the parties, outlining the conditions for joint bargaining.
• The Collective Agreement Article 19.01(d) states that the parties agree to maintain the percentage differentials in the wage rates between the Registered Nurse and other classifications.
• The RN wage grid was adjusted by varying percentages, resulting in wage fluctuations in other grids.
• The ONA had proposed the elimination of offending steps, which would have compressed the grid and eliminated backsliding wages in the Clinical Resource Nurse grid and the Nurse Practitioner grid.

Sources:

• IN THE MATTER OF AN ARBITRATION BETWEEN: The Participating Hospitals and ONA (Implementation Dispute)
• Award issued by the Ontario Labour Relations Board on July 20, 2023, setting out a new RN wage grid
• Collective Agreement between the Participating Hospitals and the ONA, Article 19.01(d)
• Memorandum of Conditions for Joint Bargaining, signed by the parties
• ONA to OHA, April 10, 2007, proposal for a similar resolution to the current dispute.