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Summer 2026: Turn-Around Premiums and Voluntary Shifts — Orillia Nurses’ Grievances Dismissed
ONA challenged the Hospital’s refusal to pay premium rates to nurses who voluntarily picked up additional shifts that reduced their time off between scheduled tours. The arbitrator dismissed the grievances, finding that the Hospital had not breached the scheduling rules where nurses chose to accept the extra work after the schedule was posted.
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Summer 2026: Transfer Outside the Bargaining Unit — Temporary Incumbent Could Not Apply for ONA Posting
St. Joseph’s Healthcare Hamilton awarded a bargaining unit Charge Nurse posting to a nurse who was temporarily working outside the bargaining unit. The arbitrator found that the incumbent was not eligible to apply and directed the Hospital to rerun the competition.
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Summer 2026: Staffing Optimization and Workload — Retirement Residence Grievance Dismissed
A retirement residence union challenged the Employer’s refusal to increase Dietary department staffing after occupancy levels rose following an earlier staffing optimization process. The arbitrator dismissed the grievance, finding no breach of the collective agreement or the Occupational Health and Safety Act.
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Sick Pay, Family Crisis and Mental Health — Denial of STD Benefits Attracts $7,000 in Mental Distress Damages
Health Sciences North was ordered to compensate an employee for improperly denied short-term disability benefits and to pay $7,000 in mental distress damages. The case is a significant reminder that disability claims involving mental health must be assessed individually and fairly, not mechanically against generic norms.
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Part-Time Availability Policy Challenge — Production Ruling Narrows the Road to Merits Hearing
CUPE challenged Essex Windsor EMS’s revised part-time scheduling policy, alleging that the new exemption-based model conflicted with the collective agreement. Before the merits could be heard, the arbitrator had to decide what documents and particulars the parties were required to produce.
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Sick Leave Formula Dispute — Bargaining History Breaks Tie in “Plus $150” Interpretation
SEIU challenged Compass Group’s calculation of short-term disability benefits under language that provided for two-thirds of wages up to EI benefit levels “plus $150.” The arbitrator dismissed the policy grievance, finding that bargaining history supported the Employer’s interpretation of the disputed phrase.
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Settlement Without a Signature — SickKids Grievances Found Fully and Finally Resolved
The Hospital for Sick Children argued that two grievances had been settled even though the grievor later refused to sign the final revised minutes. Arbitrator Knopf agreed, finding that the Union and Employer had reached a binding settlement through offer and acceptance.
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Seniority Still Counts — Frontenac EMS Rebid Process Did Not Breach PCP Seniority Rights
A Primary Care Paramedic challenged a service-wide rebid process that designated certain positions as Advanced Care Paramedic positions. The arbitrator dismissed the grievance, finding that the Employer’s right to create the schedule included the right to classify certain positions as ACP-only before employees exercised seniority to pick among available schedules.
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Premium Pay for Rest Between Shifts — West Haldimand Nurses Limited to Hours Actually in Breach
ONA claimed that two nurses were entitled to premium pay for entire shifts after they did not receive 12 hours off between shifts. The arbitrator dismissed the grievances, holding that the collective agreement supported premium pay only for the limited hours that actually violated the rest-period rule.
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Pay Parity or Misclassification? CAMH Psychological Associates Clear Only One Preliminary Hurdle
Psychological Associates at CAMH challenged a long-standing pay differential between their classification and the higher-paid Psychologist classification. The arbitrator dismissed most of the grievance on a no-prima-facie motion, but allowed one narrow allegation about the accuracy of the Psychological Associate job description to proceed.
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Paid Transfer of Accountability — Unity Health Required to Compensate RPNs for End-of-Shift Reporting Time
CUPE challenged Unity Health Toronto’s practice of requiring Registered Practical Nurses to remain after their normal hours of work to complete Transfer of Accountability without additional compensation. The Employer ultimately did not contest the Union’s interpretation, and the arbitrator issued an expedited bottom-line award allowing the grievance.
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Summer 2026: Overtime or Callback? Scarborough Health Network Could Not Bypass Senior Nurses to Save Double Time
Scarborough Health Network argued it could assign additional shifts to junior nurses at time-and-a-half rather than offer them to senior nurses who would trigger callback double time. The arbitrator upheld the grievances, finding that where a shift met both the overtime and callback criteria, the overtime scheduling language required seniority-based assignment.
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Summer 2026: Medical Information Request Cases
1. Medical Note Not Enough — Hospital Entitled to APS for Mental Health Absence Windsor Regional Hospital v. ONA, 2026 CanLII 55628 (ON LA) George T. Surdykowski, Arbitrator — June 9, 2026 ONA challenged Windsor Regional Hospital’s request for an Attending Physician/Practitioner’s Statement after a nurse provided a specialist’s note supporting a short mental health…
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Summer 2026: Next-Day Shift Exchanges — Hospital Cut-Off Times Upheld as Reasonable Notice
CUPE challenged Trillium Health Partners’ revised deadlines for next-day shift exchange requests in Patient Support Services. The grievance followed earlier successful challenges to other Hospital-imposed limits on shift exchanges, but this time the arbitrator found the Hospital’s approach was a reasonable way to administer the collective agreement’s requirement for reasonable written notice.
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Summer 2026: New Classification, Old Comparators — Arbitrator Limits Evidence in Patient Transitions Facilitator Wage Dispute
SEIU challenged Blanche River Health’s chosen wage rate for a new Patient Transitions Facilitator classification, arguing the role carried responsibilities well beyond the Registered Practical Nurse rate assigned by the Hospital. The case did not decide the proper wage rate; instead, it addressed a preliminary evidentiary fight over what comparators the Union could rely on…
The Pulse: Ontario Hospital & Labour Disputes
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