[1985] OLRB Rep. February 266
1956-83-R The Canadian Union of Public Employees, Applicant, v. The Hospital for Sick Children, Respondent, v. Group of Employees, Objectors
BEFORE: R. O. MacDowell, Vice-Chairman, and Board Members W. H. Wightman and W. F. Rutherford.
APPEARANCES: Jeffrey Sack, Q. C, Cathy Lace, Helen O'Regan, Romeo Best, John Vanelli and J. Anderson for the applicant; F. G. Hamilton, Q. C., J. E. Stibbards, Graydon McNair and Valerie Cassells for the respondent,' Barry Edson, Fran Macaluso, Marilyn Becker and Robin A. Barclay for the objectors.
DECISION OF THE BOARD; February 21, 1985
I
INTRODUCTION
1. This is an application for certification. The initial problem which it raises involves the determination of the unit of the respondent's employees appropriate for collective bargaining. In order to put that issue into perspective, it is necessary to sketch in a little of the background, the purpose of the bargaining unit determination, and some of the concerns which the Board has expressed when exercising its authority under section 6 of the Act, to prescribe the shape and composition of the bargaining unit. It will also be necessary to advert, briefly, to the unique legal and employment environment of the hospital sector. For ease of reference, the applicant will be referred to as "CUPE" or "the union," and the respondent will be referred to as "the Hospital". It is not disputed, and the Board finds that CUPE is a trade