[1994] OLRB Rep. July 884
3759-93-R Ontario Nurses' Association, Applicant v. Niagara-On-The-Lake General Hospital, Responding Party
BEFORE: Roman Stoykewych, Vice-Chair, and Board Members J. A. Ronson and C. McDonald.
DECISION OF THE BOARD; July 12, 1994
- In a decision dated February 21, 1994, the applicant was certified on an interim basis with respect to employees of the responding party employer pending determination of the "employee" status of Anne Howse, Discharge Planning Co-ordinator. Pursuant to that decision, a Board Officer conducted an examination of the duties and responsibilities performed by Ms. Howse, in which the parties were permitted to fully participate and to otherwise adduce evidence
relevant to that matter. A transcript of that examination was prepared and the parties were requested to submit written representations with respect to the Officer's Report. The Board is in receipt of the parties' full and complete submissions in this respect.
In its representations the responding party employer requests that a hearing be held before a panel of the Board to permit it to make oral submissions and argument with respect to the Officer's Report. The applicant's position is that such a hearing is unnecessary.
The Board appreciates the significance of this matter to the parties. Nevertheless, we have reviewed the materials before us and are satisfied that they would permit us to make a full and fair determination of this matter. In particular, given the careful and detailed submissions that have been provided to us, we are of the view that the hearing of oral submissions in this respect would be unnecessary. Accordingly, the Board shall decide this matter on the basis of the material presently before it and without a further oral hearing.