In a recent decision by Interest Arbitrator Jesse Kugler, CUPE 503 achieved a substantial win for its members working at Embassy West Senior Living. Embassy West is contracted by the Government of Nunavut to provide long-term care services to its residents, notwithstanding that they have chosen to license themselves as a retirement home in Ontario. Arbitrator Kaplan previously recognized that Embassy West functions as a long-term care home in Embassy West Senior Living v CUPE, Local 503, 2019 CanLII 99518 (ON LA), but Embassy West was once again challenging this conclusion. CUPE 503 successfully argued that Embassy West continues to provide long-term care level services to its residents, particularly elderly residents from Nunavut, and therefore the appropriate comparators remain other higher paid unionized long-term care homes, and the Board agreed, stating that, “Embassy West residents require continuous care that is largely delivered by licenced and certified nursing staff in a manner that is consistent with long-term care sector norms.”
To maintain wage comparability with the long-term care sector, Arbitrator Kugler ordered that the personal support workers (PSWs) were entitled to a $3 market adjustment, equivalent to the Permanent Wage Enhancement received by other PSWs working in the long-term care sector, notwithstanding that Embassy West is not receiving Ontario long-term care funding. In addition, Arbitrator Kugler ordered a $0.50 wage adjustment for RPNs, clinical nurses and housekeeping/laundry, and 3.5% wage increases for 2022, 2023, 2024 and 2025 as well as the introduction of the Nursing Homes and Related Industries Pension Plan, benefit improvements and increases to the shift and weekend premiums.
A copy of the decision can be found here: Canadian Union of Public Employees and its Local 503 v Embassy West Senior Living, 2026 CanLII 32985 (ON LA). Samantha Lamb was counsel to the Union.
