Canadian Union of Public Employees v. St. Joseph's Hospital and St. Joseph's Home
[1986] OLRB Rep. June 880
0624-86-R Canadian Union of Public Employees, Applicant, v. St. Joseph's Hospital and St. Joseph's Home, Respondents
BEFORE: Owen V. Gray, Vice-Chairman, and Board Members W. H. Wightman and B. L. Armstrong.
DECISION OF THE BOARD; June 24, 1986
1. This is an application for certification in which the applicant has requested that a pre-hearing representation vote be taken. The title of this proceeding is amended to name "St. Joseph's Hospital and St. Joseph's Home" as the respondents to this application.
[paragraphs 2-5 omitted: Editor]
- Representatives of the applicant and respondents have advised the Board in writing that:
The parties hereto recognize that St. Joseph's Hospital and St. Joseph's Home are separate legal entities which carry on associated activities, but that for the purposes of this application for certification, it is appropriate that the Labour Relations Board, under section 1(4), treat St. Joseph's Hospital and St. Joseph's Home, the Respondents, as one employer.
This amounts to a joint application by the applicant and respondents for a declaration under subsection 1(4) of the Labour Relations Act. It would be inappropriate for the Board to grant such a declaration without giving affected employees notice of the joint application and an opportunity to be heard. Accordingly, notice of that application will be given in a form hereinafter prescribed. A hearing with respect to that application will be unnecessary if no employee submits a statement of desire to make representations in accordance with the requirements of the prescribed form.
In the circumstances, the Board directs that a pre-hearing representation vote be conducted among employees in a voting constituency defined by the bargaining unit description which appears in paragraph 3 of this decision. All employees of the respondent in the voting constituency on June 12, 1986, who have not voluntarily terminated their employment or who have not been discharged for cause between that date and the date the vote is taken will be eligible to vote. Voters will be asked whether they wish to be represented by the applicant in their employment relations with the respondent.
The Board determines that July 14, 1986, shall be the terminal date for the joint application under subsection 1(4), and directs that the Registrar forward to the respondents notices in the form attached to this decision for posting by the respondents in accordance with the Registrar's usual direction in that regard.
The matter is referred to the Registrar.
882
FILE NO. 0624-86-R
Form 33
LABOUR RELATIONS ACT
NOTICE TO EMPLOYEES OF APPLICATION UNDER SUBSECTION 1(4) OF
THE ACT
BEFORE THE ONTARIO LABOUR RELATIONS BOARD
Between:
Canadian Union of Public Employees,
Applicant,
and
St. Joseph's Hospital and St. Joseph's Home,
Respondents.
TO THE EMPLOYEES OF: St. Joseph's Hospital AND TO THE EMPLOYEES OF St. Joseph's Home and respondent
- TAKE NOTICE that the applicant on June 16 1986, made an application to the Ontario Labour Relations Board Relations Board under subsection 1(4) of the Act alleging that the respondents carry on associated activities and requesting that the respondents be treated as one employer for the purposes of the
Labour Relations Act. (See attached decision.)
The terminal date fixed for this application as directed by the Board is the 14th day of July, 1986.
Any employee or group of employees affected by the application and desiring to make representations to the Board in connection with this application shall send to the Board a statement in writing of such representations which statement shall,
(a) be signed by the person making the statement or his representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a concise summary of the representations.
- The statement of desire to make representations shall be,
(a) received by the Board; or
(b) if mailed by registered mail addressed to the Board at its office, 400 University Avenue, Toronto, Ontario, M7A 1V4, it is mailed; not later than the terminal date shown in paragraph 2.
Unless a statement of desire to make representations is delivered or mailed to the Board in accordance with paragraphs 3 and 4 of the Board may dispose of the application without further notice to the employees,
AND FURTHER TAKE NOTICE that if required, the hearing of the application by the Board will take place at the Board Room, 400 University Avenue, Toronto, Ontario, at a date and time to be fixed by the Registrar.
THE PURPOSE OF THE HEARING if to hear the evidence and representations of the parties with respect to all matters arising out of, and incidental to, the application referred to in paragraph 1.
IF YOU DO NOT A'PrEND AT THE HEARING, THE BOARD MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE ENTITLED TO ANY FURTHER NOTICE IN THE PROCEEDINGS.
DATED this day of June, 1986.
Registrar
Ontario Labour Relations Board
1189 LR2 (7/81) Reg. 546, R.R.O. 1980