Carecor vs ONA
1. Who are the parties?
a. Griever – ONA
2. What forum?
a. Ontario board of arbitration
3. Whose decision?
a. Majority decision of the board
4. What is the issue?
a. ONA claims that Carecor is providing non-union employees to various hospitals
to perform bargain-unit work.
5. Question of employment?
a. Are they employees, or are they contractors? If contractors, there would be no
6. What test was used?
a. Seven fold test of control
i. Excercising direction and control over work – hospitals controlled hours
of work, gave direction,
ii. Paying employees – paid by agency, not a significant factor, easy
iii. Imposing discipline – both parties imposed discipline at some level
iv. Hiring employees