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Board determines appropriate bargaining units following hospital restructuring under the Public Sector Labour Relations Transition Act.
The applicant union applied under the Public Sector Labour Relations Transition Act, 1997 to determine the appropriate number and description of bargaining units following a hospital restructuring.
The Board denied an adjournment request by the SEIU and denied standing to OPSEU.
The Board determined that there should be one service unit, inclusive of registered practical nurses and stationary engineers, extending to all three of the employer's sites.
The Board also determined that the technical unit should extend to all three sites rather than being limited to one.
Board invites submissions on whether a displacement certification application can proceed for a single-person bargaining unit.
The applicant union filed displacement applications for certification for full-time and part-time bargaining units of nurses.
A dispute arose regarding the composition of the full-time bargaining unit, which appeared to contain only one person.
The intervenor union argued that the application for the full-time unit must be dismissed because section 9(1) of the Labour Relations Act, 1995 requires a bargaining unit to consist of more than one employee.
The Board noted that while its practice in displacement applications is to find the incumbent's bargaining unit appropriate, section 9(1) may preclude this if the unit has only one person.
The Board deferred its decision and invited the parties to make further submissions on the interpretation of section 9(1) and the appropriate bargaining unit.
Board relieves against strict application of Rules for late delivery of certification applications due to clerical error.
The applicant union filed applications for certification to displace the incumbent union.
The incumbent union and an interested party argued the applications should be dismissed due to late delivery to the employer and inaccuracies in the Certificates of Delivery.
The Board found the applicant acted in good faith and intended to deliver the applications on time, but was thwarted by a clerical error with a facsimile number.
The Board exercised its discretion under Rule 44 to relieve against the strict application of the Rules, accepted the application date as March 14, 2000, and directed the opening of the ballot boxes.
