Employees of group homes for developmentally handicapped adults are hospital employees under the HLDAA.
The Minister of Labour referred a question to the Ontario Labour Relations Board regarding whether employees of Surex Community Services, a provider of residential homes for adults with developmental handicaps, are 'hospital employees' under the Hospital Labour Disputes Arbitration Act.
The employer argued that its facilities were not hospitals as they did not provide medical care and were focused on community integration.
The union argued that the residents required significant daily care and would be at risk during a strike.
The Board advised the Minister that the employees are hospital employees, finding that the residents suffer from conditions requiring specialized observation and care, and that their health and safety would be jeopardized by a work stoppage.
Surex Community Services v. Ontario Public Service Employees Union and its Local 5102, 1994 CanLII 9997
