[1995] OLRB Rep. May 677
2541-94-R The Association of Allied Health Processionals: Ontario, Applicant v. Saint-Vincent Hospital, Residence Saint-Louis, Elisabeth Bruyere Health Centre, Villa Marguerite, Sisters of Charity of Ottawa Health Service, and Sisters of Charity of Ottawa Hospital, Responding Parties v. Louise Laporte and Jill Nowell, Intervenors.
BEFORE: Brain Herlich, Vice-Chair, and Board Members O. R. McGuire and A. R. Foucault.
APPEARANCES: Judith Allen, Sue McCulloch, Marjorie Berry and Paul Jones for the applicant; Andrew Tremayne and Andre Belanger for the responding party; Bruce Sevigny, Louise Laporte and Ken Kroetsh on behalf of the intervenors.
DECISION OF THE BOARD; May 29, 1995
This is an application filed pursuant to section 64 of the Labour Relations Act (the "Act").
The matter was listed for hearing on three consecutive days in Ottawa. The first two of those days were adjourned at the request of the parties who were able to use that time to resolve virtually all of the issues in dispute between them. The remaining issue, which we shall detail shortly, then came before the Board.
At the commencement of the hearing the parties filed the following Memorandum of Settlement and Request for Consent Order:
(Board File Number 2541-94-R)
MEMORANDUM OF SETTLEMENT AND REQUEST FOR CONSENT ORDER
OF THE ONTARIO LABOUR RELATIONS BOARD
BETWEEN
Association of Allied Health Professionals: Ottawa
(hereinafter referred to as the Applicant)
AND
Saint Vincent Hospital, Residence Saint Louis, Elisabeth Bruyere, Villa Marguerite, Sisters of Charity of Ottawa Health Service and the Sisters of Charity of Ottawa Hospital
(hereinafter referred to as the Responding Parties)
AND
Louise Laporte et al.
(hereinafter referred to as the Intervenor)
On or about October 30, 1994, the Ministry of Health approved the merger of the Saint-Vincent Hospital and the Elisabeth Bruyere Health Centre into the Sisters of Charity of Ottawa Hospital. The Parties agree that the Sisters of Charity of Ottawa Hospital is properly a Responding Party to these proceedings and request leave of the Board to add the Sisters of Charity of Ottawa Hospital to the list of Responding Parties.
The Parties agree that there has been a sale or transfer of a business a) between the Saint-Vincent Hospital and the Sisters of Charity of Ottawa Hospital and b) between the Elisabeth Bruyere Health Centre and the Sisters of Charity of Ottawa Hospital on or about August 15, 1994, and that the Sisters of Charity of Ottawa Hospital is a successor employer to both the Saint-Vincent Hospital and the Elisabeth Bruyere Health Centre, effective August 15, 1994;
The Parties agree that there has been and will be intermingling among the employees presently covered by the Collective Agreement between "the Association of Allied Health Professionals: Ontario and Saint Vincent Hospital (Ottawa)" and the employees presently working at the Elisabeth Bruyere Health Centre who would be covered by Article 1.01 of the Collective Agreement between "the Association of Allied Health Processionals: Ontario and Saint Vincent Hospital (Ottawa)";
The Sisters of Charity of Ottawa Hospital recognizes the Applicant as the bargaining agent for all employees presently covered by the Collective Agreement between "the Association of Allied Health Professionals: Ontario and Saint Vincent Hospital (Ottawa)" and the employees presently working at the Elisabeth Bruyere Health Centre and Villa Marguerite who would be covered by Article 1.01 of the Collective Agreement, effective August 15, 1994.
The Applicant and the Responding Parties agree that as of the date of this Memorandum, there has been no intermingling of employees of the Sisters of Charity of Ottawa Hospital and the Residence Saint Louis.
The Collective Agreement between "the Association of Allied Health Professionals: Ontario and Saint Vincent Hospital (Ottawa)" shall be amended to provide that the parties to the Collective Agreement are "the Association of Allied Health Professionals: Ontario and the Sisters of Charity of Ottawa Hospital";
All references to "Saint-Vincent Hospital" and "the Hospital" in the Collective Agreement shall be amended to read "the Employer".
The terms and conditions contained in the Collective Agreement between "the Association of Allied Health Professionals: Ontario and the Sisters of Charity of Ottawa Hospital" shall apply with the exception noted below:
Article XVIII - Sick leave: The employees who were formerly employed by the Elisabeth Brnyere Health Centre enter the bargaining unit with 85 days of short-term sick leave, and do not begin to accumulate in accordance with article 18.01(b) until April 4,1995. Upon termination of employment as per Article 18.01(f), these employees shall be paid as per Article 18.0