St. Joseph’s Healthcare Hamilton v. ONA, 2026 CanLII 63843 (ON LA)
Matthew Wilson, Arbitrator — June 29, 2026
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.
Background
The case addressed whether the Employer could consider an application for a bargaining unit posting from an employee who was temporarily outside the bargaining unit. ONA alleged that the Employer breached the collective agreement when it considered the application of the incumbent and awarded her the position instead of the grievor.
The job posting language allowed “nurses in this bargaining unit” and nurses in another ONA bargaining unit at the Hospital to apply for permanent full-time vacancies. The collective agreement also protected certain seniority, service, and benefits for a nurse transferred outside the bargaining unit for a limited period.
At the relevant time, the incumbent’s permanent position was in the ONA bargaining unit, but she was working in a temporary position outside the bargaining unit. She was the second most senior applicant for the posting.
Decision
The arbitrator held that the Employer breached the collective agreement by considering the incumbent’s application. He found that Article 10.07 limited both the right to apply and the selection process to nurses in the bargaining unit or another ONA bargaining unit at the Hospital.
Because the incumbent was not a member of either bargaining unit when the vacancy was posted, Article 10.07 did not give her the right to apply. The arbitrator rejected the Employer’s reliance on the provision preserving seniority for nurses temporarily outside the bargaining unit.
The seniority-preservation language prevented the nurse’s seniority from being lost during the temporary transfer, but it did not preserve the right to compete for bargaining unit vacancies while outside the unit. The arbitrator declared that the Employer violated the collective agreement and directed it to rerun the job competition.