Mark Zega

The Ontario Nurses' Association applied for certification to represent Case Managers employed by the Hamilton Program for Schizophrenia Inc. The parties agreed on all matters except the bargaining unit description.

The applicant sought a unit limited to Case Managers who are Registered and Graduate Nurses, while the responding party argued for a unit of all Case Managers.

The Board found that the applicant's proposed unit would cause serious labour relations problems due to fragmentation, applying the test from Hospital for Sick Children.

The Board determined that a unit of all Case Managers was appropriate and, as more than 55% of the employees in that unit had applied for membership, issued a certificate to the applicant.

The union filed an unfair labour practice complaint alleging that the employer failed to bargain in good faith when its elected trustees refused to ratify a tentative collective agreement.

The employer argued that the settlement was expressly subject to ratification and that severe provincial funding cuts justified the trustees' decision to reject the settlement.

The Board found that the employer did not breach its duty to bargain in good faith, as the change in economic circumstances was real and compelling, and the employer was entitled to reconsider its bargaining position.

The complaint was dismissed, and the parties were directed to return to the bargaining table.