NORTHUMBERLAND EMERGENCY MEDICAL SERVICES ("the Employer") ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 344 ("the Union")

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1 IN THE MATTER OF AN ARBITRATION BETWEEN: AND: NORTHUMBERLAND EMERGENCY MEDICAL SERVICES ("the Employer") ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 344 ("the Union") IN THE MATTER OF: RENEWAL COLLECTIVE AGREEMENT BOARD OF ARBITRATION: Kevin M. Burkett Gary Williams Larry Robbins - Chair - Employer Nominee - Union Nominee APPEARANCES FOR EMPLOYER: Alan Whyte Dan Collins Joan Doucet Lisa Ainsworth - Counsel - Director of EMS - Manager Human Resources - Director of Human Resources APPEARANCES FOR UNION: Barry Casey Steve Crossman Sean Johnston Chris Lake Keith Barrett - Sector Negotiator - Research Officer - Negotiating Committee - Negotiating Committee - Negotiating Committee Hearing in this matter was held in Cobourg, Ontario on February 6, 2007.

2 We have been appointed as a Board of Arbitration to adjudicate upon the issues that remain in dispute in respect of the renewal of the collective agreement between the parties that expired on March 31, There is no dispute with respect to our authority in this regard. Northumberland Emergency Medical Services currently employs 44 full-time paramedics and 35 part-time paramedics. There are six ambulance stations located throughout the county. There are seven ambulances on the road each day and four ambulances on the road each night responding to about 15,000 calls per year. The items that have been submitted to us for determination are as follows: Article 2.01 Definitions Article (new) Decertification or Deactivation of Skills Article OPALS/ALS Training Article 19.03(c), (e) and (f) Hours of Work Article Hours of Work Shift Premium/Weekend Premium Article Meal Allowance Article and Uniform Allowance Article Designated Holidays Article and Vacation with Pay Article and Sick Leave Provision Article and Pregnancy and Parental Leave and Top-up 1

3 Article 29.02, and Health Plan Benefits Wages Letter of Understanding re: Work Schedules We convened a mediation/arbitration hearing between the parties on February 6, 2007 in Cobourg, Ontario at which briefs were tendered and submissions made. A W A R D Having considered the positions of the respective parties on all matters in dispute, we hereby direct the parties to enter into a renewal agreement for the term April 1, 2006 until March 31, 2009 that contains all the terms and conditions of the predecessor collective agreement save and except that it is amended to incorporate all matters agreed between the parties and, in addition, the following. 1. Insert a new article 16.13, Decertification or Deactivation of Skills, into the collective agreement to read: 2

4 16.13 (a) A Paramedic 2 who is deactivated and/or decertified by base hospital, but retains certification in SAED and Symptom Relief skills, will be allowed to work and will be paid as a Paramedic 1 on a temporary basis for a maximum period of three (3) months, while endeavouring to obtain reactivation or recertification. If the employee is successful in obtaining the required recertification and/or reactivation during the three-month period, he or she will return to Paramedic 2 status. If the employee has not obtained reactivation/recertification by the end of the three-month period, he or she will become a PCP on a permanent basis provided there is a vacancy within the classification or, if there is no such vacancy, a part-time employee. (b) A Paramedic 2 who is deactivated and/or decertified by base hospital and does not retain certification in SAED and Symptom Relief skills will be assigned non-patient care duties and shall be paid at a Paramedic 1 rate for a maximum of a one-week period, during which time such employee is expected to obtain reactivation and/or recertification by base hospital. If the employee has not 3

5 obtained reactivation and/or recertification within this one (1)-week period, the employee will be placed on a leave of absence without pay or benefits for a maximum period of three (3) months, during which time the employee is expected to obtain the required recertification and/or reactivation. If the employee has not obtained recertification and/or reactivation in SAED and Symptom Relief by the end of the aforementioned three-month leave period, the employee will be placed on a further unpaid leave, such total leave not to exceed 12 consecutive months from the date of deactivation/decertification, at which time the employee will be terminated. If the employee has only obtained SAED and Symptom Relief skills by the end of the aforementioned three (3)-month period, the employee will become a Paramedic 1 on a permanent basis, provided there is a vacancy for this classification, or if there is no vacancy, the employee will become a part-time employee. If the employee is successful in obtaining the required recertification and/or reactivation during the three (3)- month period, he or she will return to Paramedic 2 status. 4

6 (c) A Paramedic 1 who is deactivated and/or decertified by base hospital and who does not retain SAED and Symptom Relief skills will be assigned to non-patient care duties and will be paid at the Paramedic 1 rate for a maximum of a one (1)-week period during which time such employee is expected to obtain reactivation and/or recertification in SAED and Symptom Relief skills. If the employee has not obtained reactivation and/or recertification in SAED and Symptom Relief skills within this one-week period, the employee will be placed on leave without pay or benefits for a maximum period of three (3) months during which time the employee must obtain reactivation and/or recertification in SAED and Symptom Relief skills. If the employee has not obtained this reactivation and/or recertification, the employee will be placed on a further unpaid leave, such total leave not to exceed 12 consecutive months from the date of deactivation and/or decertification, at which time the employee will be terminated. If the employee is successful in obtaining reactivation and/or recertification during the three-month period, he or she will return to active duty as a Paramedic 1. 5

7 2. Amend article 19.03(c), Hours of Work, to read: Part-time employees will indicate their availability to work shifts one month in advance of each posted schedule (as identified in 19.02). At the time of posting, employees who indicate their availability as required shall be granted at least two (2) shifts (if such shifts are available), based on seniority on each schedule (four (4) in July and August if such shifts are available). The Employer will endeavour to equalize available shifts amongst the part-time pool with extra shifts that become available after the initial posting. An employee who indicates availability to commit to shifts shall make him/herself available for such shifts unless due to circumstances beyond his/her control. 3. Add a new article 19.03(e), Part-time Paramedics, to read: (i) A part-time paramedic in the EMS Division is any paramedic who maintains the availability as indicated in their offer of employment. This is not to be construed as a guaranteed number of shifts per month. 6

8 (ii) Except for leaves provided for under the terms of the collective agreement or under applicable legislation, a parttime paramedic will maintain their availability throughout the calendar year. A part-time paramedic who fails to be available in accordance with this provision shall be deemed to have resigned employment. (iii) Part-time paramedics must indicate availability and nonavailability on a monthly time sheet, at least ten (10) weeks prior to the beginning of each calendar month. Part-time paramedics will use identified codes to indicate availability and non-availability. (iv) If availability changes subsequent to the submission of the time sheet, it is the responsibility of the part-time paramedic to notify the Employer at least seventy-two (72) hours in advance of the date(s) in question. (v) A part-time paramedic shall not refuse more than two (2) shifts for which he/she has indicated his/her availability in 7

9 a calendar month unless there are acceptable extenuating circumstances. (vi) A part-time paramedic who does not reply to a message within twelve (12) hours after having received notification will be deemed to have refused the shift. (vii) Part-time paramedics may be deployed at the sole discretion of the County in accordance with operational requirements and in accordance with the collective agreement. 4. Amend the third paragraph of article 21.01, Meal Allowance, to read: An employee required to travel a distance greater than 50 kilometres one way from their station during a meal period will be reimbursed $12.00 and a receipt will be required. 8

10 5. Amend the first paragraph of article 22.01, Uniform Allowance, to read: The Employer will provide at no cost to employees an initial uniform consisting of five (5) shirts, three (3) pairs of pants, one (1) jacket, one (1) parka, one (1) raincoat, one (1) belt, two (2) turtleneck sweaters and one (1) duffel bag. Thereafter, uniforms shall be replaced as necessary. 6. Delete article 24.04, Stand-by, and renumber the remainder of the article. 7. Amend article 25.01, Vacations, to provide that part-time employees shall receive vacation pay based on the applicable percentage of earnings per week of entitlement, i.e. 2% per week of entitlement. 8. Amend article 26.02, Sick Leave, to read: The Employer will pay up to eight (8) days of sick time in each year of the collective agreement, of which two (2) days may be used as personal days. Personal days cannot be used in conjunction with vacations or paid holidays. An employee may opt to carry over up to three (3) sick credits from one year to the 9

11 next to a maximum of nine (9) banked credits in any given year. Sick days will be prorated for all employees not on the full-time roster for twelve (12) months in each calendar year. 9. Amend article 26.05, Sick Leave, by adding the following to the existing clause: The Employer shall advance an employee's pay while waiting for adjudication of the short-term sick leave claim for a maximum of four (4) weeks. The employee will provide a written undertaking, satisfactory to the Employer, that any payments will be reimbursed to the Employer following a final determination of the claim by the STD carrier in the event of any overpayment by the Employer to the employee. 10. Amend articles 28.01(a) and 28.02(a), Pregnancy and Parental Leave, to provide for a "top-up" to 75%. 10

12 11. Amend article 29.03, Vision Care, to read: The Employer shall pay one hundred percent (100%) of the premium cost for a vision care program on the basis of a $ benefit per dependent every 24 months. The plan shall also cover the cost of one eye exam per person in each 24-month period to a maximum of $ The parties are to enter into a letter of understanding with respect to work schedules. The letter is to stipulate that the Employer agrees to meet with the Union to discuss work schedules and agrees to consider any schedules proposed by the Union. The letter is to further stipulate that the Employer reserves the right to approve any schedule and that, as a threshold for approval, at least 70% of the full-time staff affected by the proposed schedule must signify approval by means of a verifiable choice. 13. Amend article 2.01, Definitions, to read: Part-time employees are those who are scheduled for twenty-four (24) hours or less per week for seven (7) or more weeks, having regard to: 11

13 (a) the seven (7) weeks preceding the date in question; (b) the six (6) weeks following the date in question. 14. Amend Schedule "A", Wage Rates, to provide for the following across-theboard percentage increases on the dates specified: Effective April 1, % Effective April 1, % Effective October 1, % Effective April 1, % Effective October 1, % 15. Except for the salary increases that are effective from the dates stipulated, all other awarded amendments are effective from the date of the award, except that in the case of amendments to article 29, Benefits, effective thirty (30) days from the date hereof. Retroactivity is to be based on wages only and is to be calculated on the basis of all paid hours from the expiry of the predecessor collective agreement. Retroactivity payments are to be made within sixty (60) days of the date hereof. Employees who have left the employ of the Employer since the expiry of the 12

14 predecessor collective agreement are to be notified in writing of their retroactive entitlement at the address on file within thirty (30) days of the date hereof. Such employees have thirty (30) days to respond following which the Employer has a further thirty (30) days to provide payment. We remain seized until such time as the parties enter into a renewal collective agreement. Dated this 16 th day of February 2007 in the City of Toronto. Kevin Burkett Kevin Burkett I Concur Larry Robbins Larry Robbins (Union Nominee) I Concur Gary Williams Gary Williams (Employer Nominee) 13