2378-00-PS Ontario Public Service Employees Union, Applicant v. St. Joseph’s Hospital; Hamilton Psychiatric Hospital; Canadian Union of Public Employees, Local 786; Ontario Nurses Association and Security & Service Workers Union Local 503 affiliated with the Christian Labour Association of Canada, Responding Party.
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; December 8, 2000
This is an application under the Public Sector Labour Relations Transition Act, 1997 (the “Act”).
Pursuant to the Board's direction of November 29, 2000 the Officer has reported to the Board that issues remain in dispute between the parties. The three issues remaining in dispute have been described by the Officer as follows:
The number and description of the remaining bargaining units.
The non-union option on the ballot, if any.
The use of the term “nursing care” versus “nursing capacity”.
Accordingly, the Board hereby directs that Rules 26(d) and 30(d) of the Board's Rules of Procedure apply and directs each party to deliver one copy of the following materials to the other parties and file two copies of the following materials with the Board:
(i) a brief setting out a statement of the issues in dispute and the facts upon which it intends to rely; and
(ii) a copy of all documents upon which it intends to rely.
At the time of filing, each party must verify that it has delivered its materials as required by the Board's Interim Rules under the Public Sector Labour Relations Transition Act, 1997. The applicant's materials must be delivered and filed no later than five days following the date of this decision. The responding parties' materials must be delivered and filed no later than ten days following the date of this decision.
The Board directs that this matter be scheduled for consultation on January 10, 2001. The consultation will be held at the Board's offices located on the 2nd floor, 505 University Avenue, Toronto, Ontario commencing at 9:30 a.m. A consultation is not a hearing. While all consultations are not conducted in an identical manner, as a general matter the giving of evidence and the cross-examination of witnesses are not normally part of a consultation and, when they are, it is only with respect to those matters that are defined by the Board. The purpose of the consultation is to hear the representations of the parties with respect to all matters relating to this application which have not been settled. At the conclusion of the consultation, the Board may render a final decision with respect to the issues in dispute. If a party does not attend the consultation, the Board may decide the application without further notice to it and without considering any document that party may have filed.
The employer is hereby directed to post copies of this decision adjacent to the Board's decision of November 29, 2000. These copies must remain posted until January 10, 2001.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board