Christian Labour Association of Canada v. Maplehurst Hospital Limited
[1986] OLRB Rep. July 996
1969-85-R; 2491-85-U Christian Labour Association of Canada, Applicant, v. Maplehurst Hospital Limited, Respondent, v. Group of Employees, Objectors; Christian Labour Association of Canada, Complainant, v. Maplehurst Hospital Limited, Respondent
BEFORE: S. A. Tacon, Vice-Chairman, and Board Members F. C. Burnet and H. Kobryn.
APPEARANCES: Elizabeth Forster, Hank Beekhuis and Ed Pypker for the applicant/complainant; Weir H. Milne, A. T. Griffis and Ursula M. Corcoran for the respondent; David S. Shantz for the objectors.
DECISION OF S. A. TACON, VICE-CHAIRMAN, AND BOARD MEMBER H. KOBRYN; July 31, 1986
On agreement of the parties, the above matters were heard together. Board File No. 1969-85-R is an application for certification in which the applicant (CLAC) seeks a certificate pursuant to section 8 of the Labour Relations Act. Board File No. 2491-85-U is a complaint filed under section 89 of the Act.
The hearing in these matters lasted 8 days; some 14 witnesses testified. The Board has assessed the testimony of the witnesses according to the usual criteria and, having regard to their relative credibility, the documentary evidence and what is reasonably probable in the circumstances, the Board makes the following findings of fact. It is appropriate to note at this juncture that, before the conclusion of the hearing, the parties reached a settlement with respect to the section 89 complaint. That settlement is set out infra. In the circumstances, then, the Board does not regard it as necessary to set out its factual findings and analysis in elaborate detail. Rather, the facts are briefly sketched.
The respondent operates a chronic care hospital. The owner is one B. Griffis, although by Fall 1985, his son, A. Griffis, assumed greater responsibility in managing the operations. U. Corcoran is the hospital administrator responsible for day-to-day management; L. Cechini is the director of nursing. The hospital employs registered nurses and a support staff primarily consisting of health care aides.
In September, 1985, B. Griffis called a staff meeting to review various concerns about staff performance and to affirm Cechini's responsibilities as director of nursing, as she had just recently been appointed to that post from the nursing staff.
In November 1985, CLAC applied for certification for an "all employees" unit, including a request for certification pursuant to section 8 of the Act. On December 2, 1985, the "parttime" bargaining unit of aides was certified and a representation vote amongst the "full-time"