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Board allows union displacement certification application to proceed despite ongoing hospital restructuring under Bill 136.
The Canadian Health Care Workers (CHCW) filed a certification application to displace the incumbent union, SEIU, for service employees at Parkwood Hospital and McCormick Home.
Shortly after, SEIU filed an application under the newly enacted Public Sector Labour Relations Transition Act (Bill 136), arguing that an ongoing restructuring transferring Parkwood to St. Joseph's Health Centre barred the certification application.
The Ontario Labour Relations Board held that Bill 136 did not automatically bar the certification application and declined to exercise its discretion to apply Bill 136 retroactively to halt the proceeding.
The Board directed that the representation ballots be counted, treating the employees at the two facilities as separate voting constituencies.
