Ontario Nurses’ Association v. St. Joseph’s Hospital
2388-00-R Ontario Nurses’ Association, Applicant v. St. Joseph’s Hospital, Responding Party v. Ontario Public Service Employees Union, Intervenor.
BEFORE: Gail Misra, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 17, 2000
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all registered and Graduate nurses employed in a nursing capacity by St Joseph’s Hospital at the Hamilton Psychiatric Hospital Campus in the city of Hamilton save and except Nurse Managers and those above the rank of Nurse Managers.
The vote will be held on November 21, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on November 14, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 14, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
There is a dispute between the parties as to whether or not the positions of Head Nurses, Nurse Supervisors, Clinical Nurse Specialists, Educators (Nurse/Corporate), Application Specialists, Enterostomal Therapists, Nursing Co-ordinators, Psychiatric Clinicians, Infection Control Officer, Nursing Research Co-ordinator, Nurse Practitioners and Clinical Nursing Leaders should be included in the bargaining unit. There also appears to be a distinction between the terminology “nurses” and “lay nurses”. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The Board notes that the intervenor has also filed an application for certification in which it too is seeking to represent nurses. Since both applications for certification were filed on the same day, the Board has determined to hold votes in each application. However, in light of the other certification application, and a related Public Sector Labour Relations Transition Act application, the ballots cast in this application will be sealed pending a further decision of the Board or unless all parties agree otherwise.
The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
“Gail Misra”
for the Board