[1998] OLRB REP. MAY/JUNE 480
0141-98-PS Canadian Union of Public Employees and its Locals 1580, 3474 and 4000, Applicant v. Ontario Nurses Association, Ontario Public Service Employees Union, Independent Canadian Transit Union, Association of Allied Health Professionals: Ontario, Retail Wholesale Canadian Division Sector of United Steelworkers of America, Canadian Union of Operating Engineers, The Ottawa Hospital, Responding Parties v. Royal Ottawa Health Care Group/Services de Sante Royal Ottawa, The Canadian Union of Public Employees, Local 4000 (formerly Local 942) and Canadian Union of Public Employees and its Local 1976, Intervenors.
BEFORE: Robert Herman, Alternate Chair.
DECISION OF THE BOARD; June 26, 1998
This is an application under the Public Sector Labour Relations Transition Act, 1997 ("Bill 136").
The first issue dealt with by the Board was whether there should be a nursing bargaining unit which consisted only of registered and graduate nurses, or whether it also ought to include RPN's (registered practical nurses). After hearing the submissions of the parties, the Board ruled orally that it would not put RPN's in the nursing bargaining unit. As the Board stated at the hearing, the issue of fragmentation did not arise, as whether the RPN's were put in the nursing bargaining unit would not affect the overall number of bargaining units of the successor employer. However, the Board was sufficiently concerned about mobility rights for the RPN's, and the potential disruption of putting RPN's in a nurses' bargaining unit, that it concluded it was inappropriate to do so.
The Board also ruled at the hearing that it would not find as appropriate a separate trades bargaining unit.
At that point, the parties met in discussions and were able to agree on a number of matters. They agreed that there should be three bargaining units at the successor employer, described in general terms as a bargaining unit of registered and graduate nurses, a bargaining unit of paramedical employees, and a bargaining unit of service, office and clerical, and trades employees.
With respect to further discussions over the precise parameters of these three bargaining units, the parties agreed, and the Board hereby orders, that the parties are to exchange responses with each other as to their proposed descriptions for these bargaining units within four weeks of June 24, 1998. As the material filed by the successor employer includes proposed descriptions, the employer need not exchange further proposed descriptions at this stage.
A Board Officer is appointed to meet with the parties, in order to assist them with respect to all matters remaining in dispute. Such meeting is to take place no sooner than September, 1998, hopefully early in that month.
With respect to when a vote or votes might take place with respect to the three bargaining units of the successor employer upon which the parties have agreed, there remains an issue of the future of The Rehabilitation Centre. It is the understanding and agreement of the parties that the vote or votes not be ordered prior to the issuance of a directive from the Minister of Health, dealing with the status of employees at that facility. However, the parties agree that if such directive is not issued prior to September 15, 1998, any party can apply to the Board for a hearing of submissions with respect to the appropriate date or dates for the vote(s).
This matter is adjourned sine die, on the above-noted basis.9. I am not seized with this matter.