Gerry Varricchio

The Ontario Public Service Employees Union (OPSEU) applied for certification to represent an 'all employee' bargaining unit at the Kingston Psychiatric Hospital (KPH) site of the newly created Providence Continuing Care Centre (PCCC).

OPSEU also applied under the Public Sector Labour Relations Transitions Act (PSLRTA) to determine the appropriate bargaining units following the amalgamation of KPH and St. Mary's of the Lake Hospital (SMOL).

The Board found that agreements entered into between PCCC and other unions under section 20(4) of the PSLRTA were valid and precluded the Board from reconfiguring those specific bargaining units.

However, the Board determined that the single 'all employee' bargaining unit sought by OPSEU for the KPH site was appropriate for collective bargaining.

The applicant union sought certification for a bargaining unit consisting of cleaners and maintenance workers at a shopping mall, or alternatively, a unit including security guards.

The responding employer argued for an all-employee unit, citing its integrated customer service approach and the regular interchange of duties among staff.

The Board applied the community of interest test and found that while the maintenance group could likely bargain together viably, a separate unit would cause serious labour relations problems due to fragmentation.

The Board concluded that the applicant's proposed unit was not appropriate and that the employer's proposed all-employee unit was appropriate.

A representation vote was ordered for the wider unit.