In the Matter of an Interest Arbitration

Between

Mon Sheong Richmond Hill Long-term Care Centre

Before:

and

Service Employees International Union Local 1 Canada

AWARD

Employer Nominee: Dana Randall Michael Riddell Douglas Wray Union Nomine:

For the Employer:

For the Union:

Steven Menard, counsel Stella Leung Wendy Tai Sherry Li

Aleisha Stevens, counsel Nicole Leach Robert Valyi Angela Zhang Graeme Moore

A hearing in this matter was held in Richmond Hill on February 6, 2020; numerous submissions were filed subsequently; an Executive Session was convened on June 4, 2020.

Award

Introduction

This arbitration board has been constituted, pursuant to HLDAA, to settle the outstanding issues in dispute between Mon Sheong Richmond Hill (MSRH), and SEIU, Local 1 Canada. The Home is a not for profit LTC (what we used to call a charitable home). It has 192 beds.

This is a mature bargaining relationship. The HLDAA term applies: January 1, 2019to December31, 2020.

The bargaining unit is a standard service unit, with 47 full time employees and 154 part time.

Bill 124 Application

Bill 124 imposes wage and compensation increase caps of 1% per year on most of the Public Sector and Broader Public Sector for a "moderation period" of three years.

More specifically, the Bill provides that the maximum increases in wage rates are limited to 1 °/o per year. The Bill also provides for a maximum increase in total compensation of 1 o/o per year.

The Board, much to our chagrin, given recent public outcry regarding low staffing and low pay in L TC's in the province, finds that these parties are subject to the above Bill. The Union, acknowledging the inevitable, made submissions consistent with the applicability of the Bill, albeit without prejudice to any position it might take in other proceedings including a request for exemption it filed on January 8, 2020, and a legal challenge to the constitutionality of the Bill.

Award

In determining the monetary issues, the Board has carefully considered the evidence and submissions of the parties, but rather than relying upon the conventional normative and statutory criteria, we have been subject to the dictates of Bill 124.

Frankly, our monetary jurisdiction has been profoundly limited. After awarding 1 °/o wage increases each year, we are left with the leftover of 1 °/o total compensation minus 1 °/o wages. Both parties have done the costing and agree that we have just over $15,000.00 to deal with in each of the two years of the agreement. The Board confirms that our Award below falls within those parameters.

Any proposal not specifically dealt with below is denied. Only the wage increases are retroactive. All other amendments are effective the date of the Award, unless otherwise noted.

The new collective agreement shall consist of the old collective agreement as amended by the following:

Term

1) all the items agreed to by the parties prior to the hearing; and

2) the Board's award on the remaining issues in dispute as set out herein.

January 1, 2019to December31 , 2020.

Wages

Effective January 1, 2019 1 °/o across the board increase. Effective December 31, 2020 1 o/o across the board increase.

Retroactivity

Retroactive payment applies to wages only based on hours paid by the Employer and will be made within 45 days of the Award by way of separate cheque or transfer. Employees who have left their employment will be notified by prepaid post, addressed to the last known address. Entitlement is lost if not claimed within 30 days.

Article 23 Vacations

• the 5 week entitlement is to be received after 16 years (currently 17 years)

• the 6 week entitlement is to be received after 22 years (currently 23 years)

Article 24.03 Benefits- Massage Therapist

Three hundred dollars ($300.00) per year when recommended by a physician.

Article 24.03 Benefits- Dental

Dental Coverage increased to two thousand dollars ($2000.00) each year.

Article 19 Call In

Neither party is satisfied with the current call-in language and both made detailed proposals to amend same. Unfortunately, the Board has neither the evidentiary foundation nor the costing information to address this matter. We note that the parties are only six months away from a new bargaining round where call-in language can be addressed more comprehensively, by the parties.

The Board Remains Seized

The Union provided the Board with a request for an exemption it filed under s.27 of Bill 124, dated January 8, 2020, asking the President of the Treasury Board to exempt this workplace from the moderation period. No response has been received to date. Additionally, we were provided with a notice of constitutional challenge filed on December 23, 2019 on behalf of a coalition of unions, including the SEIU, and advised that the Union is in the process of challenging the constitutionality of Bill 124 before the courts.

This Board adopts the language of the Board in Knollcrest Lodge and UFCW Canada. Local 175 dated January 30, 2020, in paragraphs 12 and 13.

12. To date the Union has not been advised that it will be granted an exemption under section 27 of Bill 124 nor have the court challenges moved beyond the earliest stages. Accordingly, for the purpose of this Board of Arbitration, Bill 124 is still in force and effect.

13. Accordingly, this Board will remain seized to deal with any issues that may arise in the event that:

i) the Union is granted an exemption pursuant to its request under section 27; or

ii) Bill 124 is withdrawn or amended by the Ontario Legislature to provide for increases in compensation above 1%; or

iii) Bill 124 is overturned by the courts and is either;

a) not replaced by similar legislation; or

b) replaced by legislation with provisions that might potentially impact the decision-making process we have undertaken in the issuance of this Award.

In such a case, the Board will receive submissions from the parties as to what process, if any, we should undertake in consideration of those circumstances, including the issue of our jurisdiction in the event that, in the interim, the parties have finalized a Collective Agreement in accordance with this Award.

The Board remains seized with respect to the interpretation and implementation of the Award.

DATED AT BARRIE, ONTARIO THIS 16th day of June, 2020.

~~ " I dissent. in part"

Michael Riddell, Employer Nominee

" I dissent. see attached" Douglas Wray, Union Nominee

PARTIAL DISSENT OF UNION NOMINEE

The Union strongly urged us to award a shoe allowance. I recognize that to do so would

mean that the three (3) non-wage improvements awarded could all not be included, in

light of the strict limitations imposed by Bill 124. Nevertheless, I believe the Board

should have awarded a shoe allowance, given that it would provide an immediate

benefit to all employees - both part-time and full-time.

In the Matter of an Interest Arbitration

Between

Mon Sheong Richmond Hill Long-term Care Centre

and

Service Employees International Union Local 1 Canada

AMENDMENT

The Award, dated June 16, 2020 is amended as follows. On page 3, under Article 23 Vacations, the language is deleted and replaced with the following:

Effective January 1, 2019, the 5 week entitlement is to be received after 16 years (currently 17 years); and the 6 week entitlement is to be received after 22 years (currently 23 years).

DATED THIS 25TH DAY OF JUNE, 2020 IN BARRIE, ONTARIO.

Dana Randall on behalf of the Board.