Does an employee’s shift need to be considered a “critical job interest” under a collective agreement with a hospital?
Ontario, Canada
The following excerpt is from Cornwall Community Hospital v Canadian Union of Public Employees, Local 7811, 2019 CanLII 16851 (ON LA):
19. The Union asserts that the importance of an employee’s shift to the position they hold is borne out by the reassignment language, which allows reassignment only to a position that has “the same or substantially similar shift or shift rotation” (Article 9.08(A)(b)(V)). The Union submits that the actual shift is a “critical job interest” (see Participating Hospitals v. Participating Local Unions of CUPE and SEIU, central interest award, June 28, 1999 (Adams), p.4). The Union refers to other provisions of the collective agreement to suggest that the employee’s actual shift is recognized as a critical job interest, e.g. in the right of a transferred employee to return to their “former duties on the same shift …” during the trial period of the transfer, in Article 9.07(A), and following pregnancy and parental leave under Articles 12.06 and 12.07.
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