The complainant union filed an unfair labour practice complaint against the respondent hospital and the Ontario Hospital Association, alleging breaches of the duty to bargain in good faith and interference with statutory rights regarding the discontinuance of extended tours.
The respondents raised several preliminary objections, including that the complaint failed to disclose a prima facie case, that the Board should defer to arbitration, that the complaint lacked particularity, and that it was untimely.
The Board dismissed all preliminary objections, finding that the complaint raised complex issues of law and policy that required a full hearing on the merits, and that the issues transcended the collective agreement such that deferral to arbitration was inappropriate.
