Mount Sinai Hospital Benefits - Ontario Nurses' Association

AWARD
I was appointed by the parties to hear and determine the individual
grievance of P.J. (the “Grievor”) dated March 30, 2010 alleging failure of the
Hospital to provide or continue to provide benefit coverage (the “Grievance”). The
dispute centers on the provision of private nursing care services under the
Hospital’s extended health and dental benefit plans. The issue to be determined
in this award is whether the level of benefits under the Hospital’s extended health
and dental benefit plans was decreased when the Hospital changed carriers in
February 2010.
The relevant provision of the Collective Agreement is article 17.03 which
provides as follows:
17.03 The Hospital may substitute another carrier for any of the foregoing
plans (other than OHIP) provided that the level of benefits conferred
thereby are not decreased. The Hospital will advise the Union of any
change in carrier or underwriter at least sixty (60) days prior to
implementing a change in carrier. The Hospital will provide the Union with
a summary document outlining the differences, if any, between levels of
benefits provided by the existing and new carrier plans. When the Hospital
is made aware, the Hospital will provide the Union with full details of any
changes made by an existing carrier to current plan provisions.
THE FACTUAL BACKGROUND
The parties provided a number of agreed upon documents and an Agreed
Statement of Facts. The Hospital also called two witnesses to testify.
i. The Agreed Facts
The Agreed Statement of Facts is set out below:
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