Maureen O'Halloran

The applicant union applied for certification of a bargaining unit consisting of professional and technical employees at the Ontario College of Nurses of Ontario.

The employer argued that an 'all employee' unit was appropriate.

The Board found that the proposed unit lacked distinctiveness, both in its criteria for inclusion and within the employer's organizational structure, as it cut across various departments and operational groups without a clear objective demarcation.

Consequently, the Board concluded that the proposed unit was not appropriate and directed the parties to advise on how the application should be disposed of.

Hay Management Consultants Limited sought to be added as a party intervenor in pay equity proceedings between the Ontario Nurses' Association and St. Michael's Hospital.

Hay argued it had a commercial interest because the union alleged its job comparison system was gender-biased.

The Tribunal dismissed the application, finding that Hay had no rights or obligations under the Pay Equity Act and no maintainable action against the union, and therefore was not entitled by law to be a party under section 5 of the Statutory Powers Procedure Act.

The complainants alleged that the respondent terminated Margaret O'Connor's employment because she testified at an arbitration hearing, contrary to section 80 of the Labour Relations Act.

The respondent argued that an arbitration hearing is not a 'proceeding under this Act' and therefore section 80 did not apply.

The Ontario Labour Relations Board held that a board of arbitration or sole arbitrator is a statutory tribunal constituted under the Act, and thus a hearing before such a tribunal is a 'proceeding under this Act'.

Consequently, witnesses at arbitration hearings are protected against reprisals.

The complaint was adjourned sine die at the request of the parties.