John Luszka

The applicant sought declarations terminating bargaining rights held by the responding unions.

On the first day of the hearing, the parties agreed to address a constitutional issue after determining the merits of the application.

The parties also agreed to move the venue of the hearing to Sault Ste.

Marie to accommodate witnesses.

The Board cancelled the previously scheduled date and fixed new dates for hearing evidence in Sault Ste.

Marie and argument in Toronto.

The Employer, a home for the aged, decided to assign the administration of medications to Registered Nursing Assistants (RNAs) instead of Registered Nurses (RNs) to reduce costs.

The Ontario Nurses' Association (ONA) filed a work assignment complaint, arguing this violated Article 2.02 of their collective agreement, which protected work normally performed by the bargaining unit.

The Ontario Labour Relations Board found that the Employer's past practice of exclusively assigning this work to RNs since 1974 strongly supported ONA's position.

The Board ordered the Employer to cease assigning the disputed work to RNAs and restore it to the RNs.

The complainant employer filed a jurisdictional dispute complaint regarding the assignment of nursing duties to members of CUPE rather than ONA.

ONA brought a motion requesting the Board defer consideration of the complaint pending the disposition of its grievances at arbitration.

The Board dismissed the motion, finding that the dispute transcended the collective agreement issues raised in the grievances and had a substantial jurisdictional element.

The Board concluded it was the appropriate forum to resolve the work assignment dispute under section 93 of the Labour Relations Act.