Manitoba Association of Health Care Professionals v Shared Health Inc
Jeffrey J. Palamar, Arbitrator — February 26, 2026
When a collective agreement provides a premium for employees working “in a position solely designated in certain locations,” does that mean any shift worked in a qualifying location triggers the premium, or must the employee work 100% of their time there? In Manitoba Association of Health Care Professionals v Shared Health Inc, 2026 CanLII 17214 (MB LA), Arbitrator Jeffrey J. Palamar sided with the employer: the language requires sole designation, not occasional presence.
Background
MOU 30 of the April 2024–March 2028 collective agreement between the Manitoba Association of Health Care Professionals (MAHCP) and Shared Health Inc replaced an earlier pandemic-era COVID premium with a new premium payable “for all hours worked in a position solely designated in certain locations.” Approximately 265 respiratory therapists were potentially affected.
The Union argued the premium should apply to any shift worked in a specified location – a shift-by-shift interpretation. The Employer argued the language required an employee to work 100% of their time in a specified location to qualify.
The Decision
Arbitrator Palamar allowed evidence of bargaining history, but ultimately found the language of MOU 30 was not ambiguous. The word “solely” modifies “designated,” meaning the employee must hold a position that is exclusively designated for the specified locations. The premium is not triggered on a shift-by-shift basis for employees who happen to work in a qualifying location on a given day but whose position is not solely designated there.
The grievance was dismissed.
Key Takeaway
Precision in collective agreement language matters enormously when premiums and entitlements turn on where or how employees work. The word “solely” was dispositive here. For labour relations practitioners on both sides of the table, this case is a reminder that drafting language around location-based or role-based premiums must be unambiguous about whether the trigger is the position’s permanent designation or the employee’s physical presence on any given shift.