Orillia Soldiers Memorial Hospital v. ONA
Colin Johnston, Arbitrator — April 9, 2026

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.

Background

The grievances involved full-time and part-time nurses across several units who accepted or bid on additional shifts, often night shifts, after their schedules had been posted. Those extra shifts resulted in less than the time off required between shift changes under the local scheduling provisions.

ONA argued that the Hospital was required to maintain the negotiated time-off rules and pay premium pay when the rules were not met. The Union emphasized that once nurses accepted additional shifts, they were required to report for them, making those shifts part of their schedule.

The Hospital argued that the premium language was triggered only when it scheduled nurses in violation of the turn-around language. In the Hospital’s view, nurses who voluntarily picked up shifts after the schedule was posted could not convert those voluntary choices into premium-entitlement situations.

Decision

Arbitrator Johnston dismissed the grievances. He found nothing in the collective agreement suggesting that “schedule” had a broader meaning that included shifts nurses voluntarily picked up.

The arbitrator recognized that there could be difficult cases where a bidding system blurs the line between scheduled shifts and extra shifts. He also noted that an employer could not use an automated bidding process to circumvent its scheduling obligations. On the stipulated facts, however, the grievors picked up additional shifts shortly before working them, and the Hospital had not scheduled shifts in violation of the time-off rules.

Article G.12 did not change the result. The arbitrator held that monetary benefits require clear and unambiguous language, and Article G.12 did not clearly provide premium pay for the circumstances claimed by the Union.