TerryMoore

The Ontario Labour Relations Board issued a brief decision amending the style of cause from its previous decision of May 4, 2001, to reflect the Canadian Union of Public Employees, Local 443 as an intervenor.

The applicant employer sought to have two part-time nursing supervisor positions included in the new nursing bargaining unit represented by the respondent union, with full recognition for their service and seniority under s. 33(3) of the Public Sector Labour Relations Transition Act, 1997.

The respondent union argued that the bargaining unit configuration had already been settled by a prior Board decision and Minutes of Settlement, and these employees were not included.

The Board agreed with the union, finding that s. 33(3) applies to an 'employee in the bargaining unit,' and it was not appropriate to decide status disputes under this section after the bargaining unit configuration had been decided.

The application was dismissed.

The Tribunal considered a preliminary objection regarding whether an application must be processed through Review Services before being filed with the Tribunal.

The Tribunal ordered that notice of the preliminary objection be given to the Pay Equity Office to obtain its views on the ramifications of not following the process set out in the Pay Equity Act.