Wesley Emerson

Following the merger of three hospitals, the parties agreed that a sale of a business and intermingling of employees had occurred under section 69 of the Labour Relations Act.

The parties disputed whether the amalgamated hospital should maintain separate bargaining units for maintenance employees and operating engineers, as existed at some predecessor sites, or integrate them into a broader service unit.

The Board determined that a comprehensive service unit, including maintenance employees and operating engineers, was the appropriate bargaining unit structure for the merged hospital, emphasizing the policy preference for broader-based bargaining units to avoid fragmentation.

The Minister referred a question to the Ontario Labour Relations Board under section 3(2) of the Hospital Labour Disputes Arbitration Act, asking whether the employer is a 'hospital' within the meaning of the Act.

The employer operates a residential facility for aged and infirm individuals, providing accommodation and care services.

The Board found that the facility provides observation, care, and treatment to residents, the majority of whom are elderly and require assistance.

The Board concluded that the employer is a 'hospital' under the Act, as the residents are dependent on the care provided and would be at risk in the event of a strike or lock-out.

The applicant union sought certification for employees at a 60-bed retirement home.

The parties disputed whether fifty 'floating' maintenance and housekeeping employees, who serviced twenty-five different homes, should be included in the bargaining unit.

The Board determined that including the floating employees would create serious labour relations problems and administrative difficulties, as they could potentially fall into multiple bargaining units.

The Board excluded the floating employees from the bargaining unit and, finding that more than fifty-five percent of the employees in the unit had applied for membership, granted the certification.