1

IN THE MATTER OF AN ARBITRATION PURSUANT TO THE HOSPITAL LABOUR

DISPUTES ARBITRATION ACT, R.S.O. 1990, c. H.14, AS AMENDED

B E T W E E N:

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1

CANADA
(Hereinafter referred to as “the Union”)

AND:

WILLOUGHBY MANOR
(Hereinafter referred to as the “Employer”)

BOARD OF ARBITRATION: Norm Jesin - Chair

Harold Caley - Union Nominee
Irv Kleiner - Employer Nominee
2

APPEARANCES:

For the Employer: Ryan Wood, Bass Associates

Barbara Boow, Lifetimes Living

For the Union: Aleisha Stevens, Caley Wray LLP

Brian Chang, Researcher
Rachelle Raby, Union Representative
Donna Watson, Bargaining Committee
Sandy Hill, Bargaining Committee

HEARING DATEs: October 6, 2022

EXECUTIVE SESSION: November 8, 2022

DECISION RENDERED: November 15, 2022

AWARD:

1. This award is for a renewal collective agreement for a two-year term effective from

January 1, 2021 until December 31, 2022. The collective agreement will apply to

employees employed in the Employer’s retirement home in Chippawa, Ontario. The

home is operated under the auspices of Lifetimes Living Inc. There are 19 employees

in the bargaining unit which is comprised of 8 full-time, 8 part-time and 3 casual

employees. The home operates 51 suites.

3

2. This Board of Arbitration was constituted under the Hospital Labour Disputes

Arbitration Act, R.S.O. 1990, c. H. 14, as amended (hereinafter HLDAA), to settle the

terms of this collective agreement. The parties agreed that the Board was properly

appointed and had jurisdiction to decide this matter. In determining the matters in

dispute, we have applied the normative and well accepted criteria routinely relied on

by boards of interest arbitration, and particularly, the criteria set out in s. 9(1.1) of

HLDAA.

3. Having regard to the evidence submitted and the submissions of the parties the Board

awards the previous collective agreement as amended by those items already agreed

upon together with the additional items set out below:

4. Wages:

The following general wage increases are awarded:

- January 1, 2021 – 2% GWI

- January 1, 2022 – 3% GWI

- Retroactivity is to be paid to current and former employees within 3 pay periods

following release of this award

5. Overtime – Article 17.01

Overtime is to be paid after 7.5 hours in a day or 75 hours in a week. This will not apply

to employees who work the night shift (they are paid for 8 hours in a day) who will be

paid overtime in accordance with the existing clause.

6. Shift Premium – Article 17.06:

Shift Premium is increased by five cents ($0.05).

4

7. Vacations – Article 21.02:

The Union’s proposal to amend the posting dates in Article 21.02 is awarded.

8. Vision Care – Article 22.01:

The vision care benefit is increased by $25.00 to $175.00.

9. Article 22.04 - Pension:

Pension is to be increased by 1% effective December 1, 2022.

10. Wages are retroactive to the dates indicated. All other items are awarded on the date

of the award except where otherwise indicated. We will remain seized until a

collective agreement is signed.

Dated at Toronto this 15th day of November 2022

____________________
Norm Jesin, Chair

“H. Caley” (see attached)

____________________
I dissent in part – Harold Caley, Union Nominee

“Irv Kleiner”
____________________
I dissent in part – Irv Kleiner, Employer Nominee
5

WILLOUGHBY PARTIAL DISSENT OF UNION NOMINEE

It is unfortunate that the collective agreement is almost at an end when this Board will issue its award
for the employees in the retirement home.

Given the current rate of inflation and the increase in the cost-of-living future wage increases will have
to exceed what has been awarded if the employees are to stop the erosion of their wages.

The so-called experts totally missed the mark with respect to the ‘temporary’ call on the increase in
inflation, the soaring consumer prices, and the rapidly rising borrowing costs.

The cost of food bought in stores is up 11.4 percent in September compared to the same month in 2021,
the highest annual increase since 1981.

This erosion of purchasing power is significant and is an especially heavy hit for lower-income families,
who spend more of their disposable income on essentials that wealthier households.