In each arbitration proceeding submitted by the ONA, the parties were related to the question of whether workers were entitled to offers of retirement options in accordance with Article 10.14. In each of these cases, there was little information on the reasons for the dismissals. The application of Section 10.14 was not directly challenged or received attention from the arbitrator. None of the cases dealt with the central issue of this case – when are workers entitled to the risk of enforcement of Article 10.14? In the absence of arbitration on the application of Section 10.14, Warrant Officer Reilly was required to base his decision on an interpretation of the relevant provisions of the collective agreement. When the nurses were announced, Saint-Michel Hospital presented the nurses with the options listed in section 10.09 of the collective agreement. The options did not include the age and separation benefits covered in Section 10.14. The ONA disputed this omission and requested that, as part of their redundancy options, the nurses concerned should receive a pension and separation. The hospital violates the collective agreement and has filed a political complaint. In support of this interpretation, Warrant Officer Reilly found that, in the development of the collective agreement, the parties had agreed to separate different sections of rights in the event of long-term dismissal.
He stated that Ontario arbitrator Frank Reilly recently filed a complaint from the Ontario Nurses Association, which stated that the employer, St. Michael`s Hospital in Toronto, is violating the collective agreement by avoiding pension or separation benefits in the benefit options that nurses have filed with dismissal. At St. Michael`s Hospital and the Ontario Nurses Association (April 2010), Warrant Officer Reilly applied the traditional canons of conventional interpretation to the collective agreement and decided that benefits for licensed nurses varied based on the reason for dismissal. Justice Reilly`s decision gives hospital employers some optimism about the termination provisions of the NAOS collective agreement and the obligation to pay pension and separation benefits.