Mario Hikl

The complainants alleged that the respondent union locals violated a written settlement of an earlier unfair labour practice complaint regarding the integration of seniority lists following a hospital merger.

The settlement required the union to hold specific meetings to recommend integrated seniority before a ratification vote.

The Board found that the union executive held additional, exclusionary meetings that undermined the settlement, thereby violating section 89(7) of the Labour Relations Act.

The majority of the Board ordered that the integrated seniority lists be implemented as if the vote had succeeded, while the Vice-Chairman dissented on remedy, preferring to set aside the settlement and hear the original complaint on its merits.

The applicant union applied under section 5 of The Successor Rights (Crown Transfers) Act, 1977, seeking a declaration that it is the sole bargaining agent for employees of the respondent municipality following the transfer of water and sewage treatment plants from the Province.

The intervener union argued that the transfer was not complete pending Ontario Municipal Board approval and sought to preserve a separate bargaining unit for the transferred employees.

The Board found that a transfer of functions had occurred and that the employees had been substantially intermingled.

Given the overwhelming majority of employees already represented by the applicant union and the labour relations difficulties of fragmenting the bargaining structure, the Board declared the applicant union the bargaining agent for the merged unit and terminated the intervener's bargaining rights without a representation vote.