Common use of THE NATURE OF THE DISPUTE Clause in Contracts

THE NATURE OF THE DISPUTE. [5] On July 22, 2020, the Hospitals wrote to the Board requesting that we convene a hearing to resolve an issue that had arisen with respect to our amendment to Article 14.06, which now requires Hospitals to provide nurses with double time for a call back. In the correspondence, the Hospitals advise that the parties disagree as to “what circumstances constitute a call back.” The Hospitals assert that this dispute requires determination in order to “implement the Board’s award.” The Hospitals requested that the Board convene a hearing in order to resolve the dispute. [6] On July 31, 2020, XXX wrote to the Board objecting to the Hospitals’ request that the Board reconvene to address the issue raised in the July 22, 2020 correspondence. XXX takes the position that the Board does not have jurisdiction to entertain the new issue raised by the Hospitals. ONA submits that the Board is functus of any issue relating to Article 14.06. [7] The Board scheduled a hearing and both parties filed extensive written submissions. The hearing was held by videoconference on August 18, 2020, at which time the parties made oral submissions. After hearing the submissions, the Board requested that the parties provide additional information with respect to the nature of grievances that were filed for the payment of call back and clarification with respect to retroactive payments made by the Hospitals for call back under Article 14.06. [8] The parties filed written submissions on August 25 (Hospitals), September 11 (ONA) and September 15, 2020 (Hospitals).1 [9] In the Hospitals’ August 25, 2020 submission, they indicate that 116 Hospitals responded to a request for additional information. A table was provided indicating the following responses: Yes No Hospital has paid out retro including callback for period Apr. 1 – Jun. 8, 2020 109 7 Callback retro payments implemented based on Participating Hospitals’ position 114 2 Union has filed grievance related to implementation of callback payments 12 104 [10] The Hospitals indicate, in their submission, that a total of 32 grievances have been filed with respect to call back across 12 Hospitals since the issuing of our June 8, 2020 Award. In 16 of the grievances there is a claim for call back payment prior to June 8, 2020.