Unity Health Toronto v. CUPE, Local 5441, 2026 CanLII 29451 (ON LA)
Deanna Webb, Arbitrator — April 1, 2026  

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.

Background

The Union alleged that unpaid Transfer of Accountability time amounted to wage theft, breached Articles 14 and 15 of the collective agreement, and violated the Employment Standards Act, 2000 by failing to record time spent at work.

Both Registered Practical Nurses and Registered Nurses are regulated by the College of Nurses of Ontario and must practice in accordance with College standards. The Employer’s original position relied on sector-wide practice and older arbitral authority treating end-of-shift reporting as a professional responsibility that did not attract overtime payment for nurses in that case.

Before the hearing, the Union provided its position and relied on recent arbitral jurisprudence addressing RPN reporting time. After reviewing that material, the Employer indicated that it did not intend to dispute the Union’s interpretation.

Decision

The grievance was allowed. The arbitrator remitted remedy to the parties but required the Employer to make any necessary changes to ensure CUPE members were paid for time spent performing Transfer of Accountability.

The award was issued as an expedited bottom-line decision under section 50 of the Labour Relations Act, with both parties’ agreement. The arbitrator remained available to determine any implementation dispute.