Arbitrator Overturns Region of Durham's PSW Registration Requirement

An arbitrator has ruled against the Region of Durham, striking down a policy that required Personal Support Workers (PSWs) to be registered with the Health and Supportive Care Oversight Authority (HSCPOA) to obtain positions at the new Seaton Village Long-Term Care home. As first reported by the Financial Post, the Region had imposed this requirement despite provincial regulations not yet making HSCPOA registration mandatory.

Arbitrator Parmar found the Region's decision to be unreasonable and arbitrary, ruling that it violated the seniority rights of employees under their Collective Agreement. Tera Engley, President of CUPE 132 and a PSW of 21 years, described the ruling as a significant win for union members and a positive step for PSWs across Ontario, noting it affirms their rights despite efforts by the Ford government to diminish the profession.

CUPE has sought a revision of the HSCPOA registry since its 2021 introduction by the Ontario government. Engley highlighted a critical flaw in the authority: the absence of PSWs on its board of directors. Debra Maxfield, Chair of CUPE Ontario’s Health Care Worker’s Coordinating Committee, stated that the union will continue to fight until the government grants fairness to all PSWs, arguing that these workers deserve the same respect as other healthcare professionals.

Michael Hurley, President of CUPE’s hospital division (Ontario Council of Hospital Unions), stated that the provincial government needs to show genuine respect for a profession composed primarily of women and an increasingly racialized workforce. Hurley argued that denying PSWs the same representation and due process as other regulated professions in Ontario is "tone deaf" and unfair, asserting that addressing the PSW shortage requires fair compensation, decent working conditions, and professional rights.