Queensway-Carleton Hospital v. Canadian Union of Public Employees
File No.: 3027-99-PS Date: March 28, 2000 Ontario Labour Relations Board
Applicant: Queensway-Carleton Hospital Responding Party: Canadian Union of Public Employees
Before: Timothy W. Sargeant, Vice Chair
DECISION OF THE BOARD
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 February 21, 2000 and March 20, 2000.
3The responding party in a letter dated March 24, 2000 indicated that there was insufficient evidence to proceed with its allegations of impropriety in the manner in which the employer conducted itself on the date of the representation vote.
4In accordance with the Board’s decision of February 21, 2000, a vote was held on whether or not employees wished to be represented by the Canadian Union of Employees Local 400 in their employment relations with the Queensway-Carleton Hospital in the following bargaining unit.
all office and clerical employees employed at the Queensway-Carleton Hospital in the City of Nepean, save and except Supervisors, persons above the rank of Supervisor; Payroll Officer; Payroll Clerk; Secretary, Occupational Health & Safety; Secretary to Directors o Nursing; Secretary to Board of Directors/MAC/Medical Directors; Secretary to Vice Presidents; Clinical Education Coordinator; Secretary, Human Resources; Human Resources Information Analyst; Employment Services Officer; Training and Development Assistant; Team Leader Staffing Clerk; QCH Foundation employees; Security Guards; Administration Assistant to the CEO.
Clarity Note:
For further clarity the parties agree and understand the following:
The scope geographically of the unit will be whatever the City of Nepean falls under upon City amalgamation.
Unpaid volunteers are not included in the bargaining unit.
The Team Leader Staffing Clerk position is presently held by Linda Scobie.
The Staffing Clerk positions are included in this description for the purposes of this Bill 136 Application only and such inclusion is on a without precedent/without prejudice basis to any position taken elsewhere.
The ACC Ward Clerks are included in this description.
The Buyer/Planning and Secretary/Planning positions presently filled on a contract-term basis until the end of December, 2000 are excluded from this unit only for this contract-term and would be otherwise included in the unit.
5On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by the employees in the bargaining were cast in favour of the Canadian Union of Public Employees Local 4000.
6Accordingly, under subsection 23(9) of the Act, any bargaining rights possessed by The Canadian Union of Public Employees Local 4000 in respect of any employees who were in the bargaining unit set out in paragraph 4 are hereby terminated.
7The 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.
8The Registrar will destroy the ballots cast in the representation vote 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.
"Timothy W. Sargeant"
for the Board