[1988] OLRB Rep. June 609
0345-88-R Ontario Nurses' Association, Applicant v. Omni Health Care Ltd., Respondent
BEFORE: Robert D. Howe, Vice-Chair, and Board Members R. M. Sloan and B. L. Armstrong.
DECISION OF THE BOARD; June 23, 1988
In a decision dated June 8, 1988 in respect of this application for certification, the Board wrote in part, as follows:
The name of the respondent is amended to read: "Omni Health Care Ltd."
This is an application for certification in which the parties have reached agreement on all matters in dispute and have further agreed to waive their right to a formal hearing in the matter.
Having regard to the agreement of the parties, the Board further finds that all registered and graduate nurses employed in a nursing capacity by the respondent at Riverview Manor in the City of Peterborough, save and except Director of Nursing and persons above the rank of Director of Nursing, constitute a unit of employees of the respondent appropriate for collective bargaining.
On June 10, 1988, the Registrar sent a copy of that decision to each of the parties. On June 16, 1988, the Board received the following letter:
RIVERVIEW MANOR NURSING HOME
1155 WATER STREET
PETERBOROUGH, ONTARIO K9H 3P8
(705) 748-6706
June 13, 1988
Ms. T.A. Inniss
Registrar
Ontario Labour Relations Board
400 University Avenue
Toronto, Ontario
M7A 1v4
Dear Ms. Inniss:
Re: File Number 0345-88-R
In response to your letter of June 10, 1988 it is necessary that the following wording be amended [sic]:
The respondent should be identified as "Riverview Manor" not "Omni Health Care Ltd".
Omni Health Care Ltd. owns a number of facilities. Each facility is independent [sic] and functions as a separate entity.
Thank you for your assistance in this matter.
Sincerely
"Audrey Richards"
Audrey Richards
Administrator
Having considered the respondent's request, the Board is of the view that it would not be appropriate to amend the style of cause in the manner requested by Ms. Richards. Although a corporation may use a number of divisions or other internal operational units, the use of such divisions or units does not change the fact that the legal entity which is the employer remains the corporation itself. To forestall various difficulties that might otherwise arise with respect to such matters as enforcement of Board decisions and orders, it is preferable to include only the corporate name of an (incorporated) employer in the style of cause of an application or complaint. If, as in the present case, it is appropriate to restrict the applicant's bargaining rights to employees who work in a particular division or operational unit that has been established by their corporate employer, this can be accomplished by referring to that division or operational unit in the description of the bargaining unit, as was done in paragraph four of the aforementioned decision, in which the unit was described as "all registered and graduate nurses employed in a nursing capacity by the respondent at Riverview Manor in the City of Peterborough..." (emphasis added). See, generally, Beatrice Foods (Ontario Limited), [1982] OLRB Rep. June 815.
Accordingly, the request for variance of the Board's decision dated June 8, 1988 in this matter is hereby denied.