2503-99-PS The Rehabilitation Institute of Toronto, Applicant v. Canadian Union of Public Employees, Local 1156 and Service Employees International Union, Local 204, Responding Parties v. Ontario Nurses’ Association, Intervenor.
BEFORE: Anthony Brown, Vice Chair.
DECISION OF THE BOARD; August 28, 2000
1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act").
2Previous decisions have been issued by the Board in this matter on December 6, 1999, January 20, 2000 and May 30, 2000.
3Run‑off representation votes have been held in the bargaining units described below.
4On the taking of the representation vote in the full-time bargaining unit a majority of votes was cast in favour of Canadian Union of Public Employees, Local 1156.
5On the taking of the representation vote in the part-time bargaining unit a majority of votes was cast in favour of Canadian Union of Public Employees, Local 1156.
6Accordingly, under subsection 23(9) of the Act, any bargaining rights possessed by Service Employees International Union, Local 204 in respect of employees who are now in the full-time bargaining unit are hereby terminated.
7Similarly, any bargaining rights possessed by Service Employees International Union, Local 204 in respect of employees who are now in the part-time bargaining unit are hereby terminated.
8The Board appoints the Canadian Union of Public Employees, Local 1156 as the bargaining agent in respect of the full-time bargaining unit, being:
all full-time employees save and except professional medical staff, graduate and undergraduate nursing staff, technical and paramedical personnel, supervisors and forepersons and persons above those ranks, chief engineers, office and clerical staff and employees in bargaining units for which another trade union holds bargaining rights.
9The Board appoints Canadian Union of Public Employees, Local 1156 as the bargaining agent in respect of the part-time bargaining unit, being:
all part-time employees regularly employed for less than 24 hours per week save and except professional medical staff, graduate and undergraduate nursing staff, technical and paramedical personnel, supervisors and forepersons and persons above those ranks, chief engineers, office and clerical staff and employees in bargaining units for which another trade union holds bargaining rights.
10For clarity it is understood that “technical and paramedical personnel” as used above includes both graduate and undergraduate audiologists, dieticians, physiotherapists, occupational therapist, psychiatric therapists, speech therapists, psychologists, psychometrists, pharmacists, computer support technicians, computer support specialists, AAC Technicians, AAC Technician Assistants, certified and non-certified dental assistant, registered and non-registered laboratory technicians, radiology technologists and technicians, respiratory technicians, electrocardiogram technicians, pulmonary technicians, nuclear medicine technologists and technicians, electroencephalogram technicians, laboratory assistants, medical laboratory technologists, pathological and cardiological technicians, rehabilitation counsellors, recreation counsellors and recreation workers.
11The responding employer is directed to post copies of this decision where it is most likely to come to the attention of all employees who may be affected by it. These copies are to remain posted for 30 days.
12The Registrar will destroy the ballots cast in the representation votes taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of each 30 day period.
“Anthony Brown”
for the Board