CUPE, Local 1487 v. Toronto Scarborough Hospital
Toronto Scarborough Hospital acted in an arbitrary and unreasonable manner, in violation of members’ seniority rights in setting the required qualifications for Personal Support Worker (“PSW”) positions, arbitrator finds.
The Hospital decided to recognize PSW certificates only from community colleges. The effect of this was to screen out of PSW job competitions employees who had earned their PSW certificates at a private career college. CUPE, Local 1487 grieved on their behalf.
Arbitrator Hayes agreed with the Union that, in the face of clear public policy in Ontario that PSW training could be offered at both community and private career colleges, and given that the provincial legislative scheme contemplates PSW certification by both types of colleges, the Hospital’s general apprehension of risk and its “comfort” with community college training was not a sufficient justification for its decision.