The union representing workers at Sudbury's cancer treatment centre has lost a grievance filed over who gets priority when it comes to vacation time.
At issue was CUPE Local 1623's contention that senior employees should always get preference over junior staff when it comes to vacation. Even if the senior member wants just one vacation day in a week, the union argued it should receive it over full-week vacation requests by junior members.
For its part, Health Sciences North argued that senior members are entitled to priority for full week requests, but junior staff should get to pick the remaining full weeks and not lose them if someone with more seniority asks for a single day off in a week.
“The union argues that the senior employee should receive preference in either situation,” transcripts from the case say. “That is, the most senior employee should be awarded a full week of vacation if requested. Furthermore, a senior employee has the right to claim a single day for vacation regardless of any request by a more junior employee for an uninterrupted week of vacation.
“The union accepts that application of the seniority principle on its view of the question could entitle a senior employee to request single Monday and Friday vacation days in priority to all others, all summer long, potentially for months at a time.”
Language in the collective agreement says “the hospital will give every consideration to senior employees, but of necessity, the hospital must reserve the final decision as to the scheduling of vacations. Such decision shall not be exercised in an unreasonable manner.”
Another section says that “an employee shall be entitled to receive his vacation in an unbroken period unless otherwise mutually agreed upon between the employee concerned and the hospital.”
The union argued that, by denying any vacation requests by senior employees, the hospital was creating two classes of vacations — full weeks and single days – something that isn't spelled out in the collective agreement.
And, the union argued, the collective agreement doesn't spell out what is meant by an “unbroken period” of vacation “and should not be seen as an impediment to a conclusion that single Mondays and Fridays may also stand as vacation days.”
Their contract with the hospital spells out that senior employees get first choice of vacation, CUPE argued, and by not allowing single-day vacation requests, the hospital was violating the collective agreement.
In a decision released June 27, James Hays, labour arbitrator for the case, ruled the contract does certainly give priority to senior staff.
“(And CUPE) is not troubled by the foreseeable consequence that senior employees, by selecting single vacation days during the prime summer season, could effectively block access by others to vacation weeks,” Hayes wrote.
While seniority is a crucial element, it's not the only element in the contract. It also gives staff the right to an unbroken vacation, and the hospital the right to make the final decision, as long as it doesn't act unreasonably.
“The hospital is obliged to give every consideration to seniority in employee vacation preferences but that does not mean exclusive consideration,” Hayes wrote.
“In this case, the hospital has sought to balance the rights of senior employees to vacation preferences with other relevant aspects of the matter.
“In a Monday to Friday work environment, it is not unreasonable for the hospital to meet this requirement by seeking a balance; that is by allocating vacations by full weeks in the first instance before moving to the allocation of vacations to single days.
“The grievances are dismissed.”
