Interest Arbitration Awards in the Post-Bill 124 Era 

We recently provided an overview of this year’s wage re-openers and interest arbitrations related to the Ontario Superior Court’s finding that the Protecting a Sustainable Public Sector for Future Generations Act, 2019, also known as “Bill 124”, is unconstitutional. In this follow-up article, we take a look at wage increases awarded by interest arbitrators between January 1st and October 6th this year where Bill 124 would not apply, even if it was constitutional.  There are over 30 awards so far in 2023.

a)   Long-Term Care, Retirement and Nursing Homes

In the long-term care, retirement, and nursing home sector, the average wage increases are approximately as follows:

  • 2020 – 1.71%
  • 2021 – 2.04%
  • 2022 – 2.98%
  • 2023 – 3.39%
  • 2024 – 3.5 % (not an average – there is only one interest arbitration in which a wage increase for 2024 was awarded[i])

These averages are not inclusive of additional wage increases that were awarded during specific pay periods or months. For example, in one instance, an increase of 0.75% was awarded for pay period number 14[ii] in additional to the annual wage increase. Further, wage adjustments were awarded for specific classifications, such as RPNs[iii], receptionists[iv], servers[v], and dishwashers[vi]. There was also a general increase in benefits that were provided, particularly with respect to vision care, paramedical coverage, and mental health services. In some cases, the employer’s contribution to benefits increased and for part-time employees, the amount they received in-lieu of benefits was improved[vii].

b)   Hospitals

In the hospital sector, there is only one interest arbitration[viii] in which wage increases were awarded and the increases were as follows:

  • Effective February 9/March 16, 2021:         4.75%
  • Effective February 9/March 16, 2022:         3.5%

c)   Other Healthcare

In other healthcare settings, the average wage increases are approximately as follows:

  • 2020 – 1.6 (not an average – there is only one interest arbitration in which a wage increase for 2020 was awarded[ix])
  • 2021 – 1.8%
  • 2022 – 2.7%
  • 2023 – 2.93%

Notably, in one interest arbitration, the Board decided not to identify the specific percentage for the wage increase in 2023. Instead, it stated that the wage increase for that year would be equal to the wage increase that the employer negotiates with another bargaining agent[x].

d)   Other

There were two interest arbitrations in other sectors in which the wage increases were as follows:

Interest Arbitration #1[xi]·                 2021 – 5%

·                 2022 – 2.5%

·                 2023 – 2.5%

Interest Arbitration #2[xii]·                 2023 – 3%

·                 2024 – 3%

·                 2025 – 3%

[i] Livingston Lodge (Chartwell Guildwood Retirement Residence) v CUPE, Local 4236-00, 2023 CanLII 83026

[ii] Lambton (Corporation of the County) v Canadian Union of Public Employees, Local 2557-00, 2023 CanLII 41169;

[iii] Canadian Union of Public Employees and Its Local 1214-00 v North Centennial Manor, 2023 CanLII 77948; Chartwell Wedgewood Retirement Residence v Ontario Public Service Employees Union on behalf of its Local 439, 2023 CanLII 86812; Conmed Health Care Group v United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workes International Union on Behalf of its Local 9563, 2023 CanLII 19331; Service Employees International Union, Local 1 Canada v Evergreen Mississauga Retirement Community, 2023 CanLII 19716 Evergreen Mississauga”); United Food and Commercial Workers Canada, Local 175 v Victoria Retirement Residence, 2023 CanLII 43721.

[iv] Ibid, Evergreen Mississauga.

[v] Carriage House Retirement Residence v United Food And Commercial Workers, Local 175, 2023 CanLII 33972.

[vi] Supra note iii, Evergreen Mississauga.

[vii] Chartwell Waterford Retirement Residence v Canadian Union of Public Employees and Its Local 1404-07, 2023 CanLII 69833; Ibid, Evergreen Mississauga; Mayfield Retirement Residence v Canadian Union of Public Employees, Local 4927-00, 2023 CanLII 33055; Mon Sheong Home for The Aged v Canadian Union of Public Employees, Local 2725-00, 2023 CanLII 8759; Village on the St. Clair v Canadian Union of Public Employees and its Local 3678, 2023 CanLII 54312.

[viii] Sinai Health System – Mount Sinai Hospital v CUPE Local 5492, 2023 CanLII 84281.

[ix] Hamilton (Corporation of the City of) v Ontario Public Service Employees Union, Local 256, 2023 CanLII 82061.

[x] Canadian Blood Services (Sudbury Plasma Centre) v United Steelworkers, Local 1-2010, 2023 CanLII 92373.

[xi] SP Plus Security of Canada v Ontario Public Service Employees Union, Local 239, 2023 CanLII 59781.

[xii] Canadian Merchant Service Guild v Hornblower Canada Co. (Niagara City Cruises), 2023 CanLII 5468.