3740-99-PS Niagara Health System, Applicant v. Service Employees International Union, Local 204; Canadian Union of Public Employees, Local 7100; Ontario Public Service Employees Union; Ontario Public Service Employees Union, Local 214; Ontario Public Service Employees Union, Local 215; Canadian Union of Operating Engineers and General Workers, Local 101; International Union of Operating Engineers, Local 772; Responding Parties v. Ontario Nurses’ Association, Intervenor.
3649-99-PS Service Employees’ International Union, Local 204, Applicant v. Niagara Health System; Canadian Union of Public Employees, Local 1531; Canadian Union of Public Employees, Local 1532; Canadian Union of Public Employees, Local 1742; Canadian Union of Operating Engineers & General Workers; International Union of Operating Engineers, Local 722¸ Responding Parties v. Ontario Public Service Employees Union; Ontario Nurses’ Association, Intervenors.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; August 1, 2000
These are applications under the Public Sector Labour Relations Transition Act, 1997 (the "Act").
Prior decisions have been issued by the Board in these matters on April 6, 2000, May 25, 2000 May 30, 2000 and July 12, 2000.
In its decision of July 12, 2000 the Board (differently constituted) gave effect to Minutes of Settlement entered into by all parties other than the International Union of Operation Engineers, Local 772 (“IUOE”) and the Canadian Union of Operating Engineers and General Workers (“CUOEGW”). Accordingly, the Board directed that the date for the representation vote in this matter be set for August 23, 2000. Furthermore, the Board directed the filing of submissions on the issue of whether there should be a separate bargaining unit consisting of stationary engineers and their helpers; and on the issue of whether there should be a “non-union” choice on the ballot for the office and clerical unit, in light of the fact that less than forty percent of the employees in that bargaining unit were not represented by a bargaining agent.
The submissions regarding these remaining two issues were filed with the Board. This is a “bottom line” decision with respect to those issues.
With respect to the issue of the stationary engineers and their helpers, the Board determines that there should not be a separate bargaining unit for those employees as requested by CUOFGW and IUOE.
With respect to the issue of the “non-union” option on the ballot for the office and clerical representation vote, it is the Board’s determination that there is to be no non-union choice in that representation vote.
Written reasons concerning both of the above-noted determinations will follow.
Further to the Board’s decision of July 12, 2000 referred to above, and having regard to the Minutes of Settlement referred to therein, the Board makes the following directions concerning the representation votes to be held on August 23:
(i) There shall be a representation vote of employees in the following voting constituency:
A1l employees of the Niagara Health System save and except supervisors, persons above the rank of supervisor, professional medical staff, registered and non-registered/graduate nurses, paramedical employees, office and clerical employees, interns, and students on co-op work terms.
For purposes of clarity, it is agreed and understood that the following classifications are excluded from the bargaining unit:
Accountant, Accounting, Analyst, Educator, Health Records Analyst, Web Site Administrator, Translator, Buyer, Health Records Administrator, Disability Management Consultant, all employees in Information Systems, all employees in Human Resources, all employees in Payroll and all persons covered by subsisting collective agreements.
For purposes of clarity, it is agreed and understood that the classification “Addiction Worker” is included in this Service bargaining unit.
Employees will be asked whether they wish to be represented by:
(a)The Canadian Union of Public Employees, 7100;
(b)The Canadian Union of Operating Engineers, Local 101;
(c)The International Union of Operating Engineers, 772; or
(d)The Service Employees International Union, local 204
in their employment relations with Niagara Health System.
(ii) There shall be a representation vote of employees in the following voting constituency:
All Office and Clerical employees employed by the Niagara Health System save and except supervisors, persons above the rank of supervisor, students on co-op work terms, secretaries and/or Administrative Assistants for Managers and persons above the rank of Manager, Educators, Health Records Administrators, Health Records Analysts, Web Site Administrators, Translators, Buyers, Accounting Analysts, Disability Management Consultants, all employees in Information Systems, all employees in Human Resources, all employees in Payroll and all persons covered by subsisting collective agreements.
For purposes of clarity, it is agreed and understood that Ward Clerks and Ward Secretaries are Office and Clerical employees.
Employees will be asked whether they wish to be represented by:
(a)The Canadian Union of Public Employees, Local 7100; or
(b)The Service Employees International Union, Local 204.
in their employment relations with Niagara Health System.
(iii) There shall be a representation vote of employees in the following voting constituency:
All paramedical employees employed by the Niagara Health System save and except supervisors, persons above the rank of supervisor, students employed during a school vacation period, students on co-op work terms, interns, educators and clinical instructors and persons covered by subsisting collective agreements.
The term ‘paramedical employees’ includes Occupational Therapist, PPL (Professional Practice Leader) Occupational Therapist, Physiotherapist, PPL (Professional Practice Leader) Physiotherapist, Pharmacist, Radiology Technician, Radiology Technologist, Respiratory Technologist, Ultrasound Technician, Sonographer, Echo-Sonographer, ECG Technician, Dark Room Technician, Laboratory Technologist, Registered Technologist, Laboratory Technician, Laboratory Assistant, Pathological Technologist, Chiropodist, Audiologist, PPL (Professional Practice Leader) Audiologist, Social Worker, PPL (Professional Practice Leader) Social Worker, Psychotherapist, Psychometrist, Cognitive Therapist/Psychometrist, Addiction Counsellor Dietician, Orthopedic Technician, Registered Orthopedic Technician Registered Orthopedic Technologist, Clinical Dietician, Child and Family Counsellor, Respiratory Therapist, Child Life Worker, Speech Pathologist, MRI Team Leader, MRI Technician, Cardiology Technician, NC
Cardiology Technician, Kinesiologist, Speech Language Pathologist, PPL (Professional Practice Leader) Speech Language Pathologist, Registered Technologist-Nuclear
Medicine and RT Clinical Instructor, Cardiology Technologist, Chart Reviewer, Biomedical Technologist, Biomedical Technician, Biomedical Engineering Tech, Project Co-ordinator, Case Manager, Senior Technologist, Registered Technician, Histology/Surgical/Pathology Tech, Cat Scan Charge Technologist, MLT/Technician, Librarian, Charge Technologist, Phlebotomist, Recreational Therapist.
Employees will be asked whether they wish to be represented by:
(a)The Canadian Union of Public Employees, Local 7100;
(b)The Ontario Public Service Employees Union; or
(c)No union.
in their employment relations with Niagara Health System.
(iv) Vote arrangements will be determined by the Registrar.
(v) The Minutes of Settlement address the possibility of “run-off” votes following the service and the paramedical representation votes. In the event that any run-off vote is necessary, the Board may be required to issue a further decision in these matters.
(vi) Pursuant to the Minutes of Settlement, the Board orders Niagara Health System to provide each of the trade unions identified in sub-paragraphs (i), (ii) and (iii) of paragraph 8 above with a list of names and addresses of those employees on the voters’ list in respect of which that union’s name appears on the ballot, no later than three weeks prior to the vote date. This information is to be provided both in hard copy and on computer disc.
The employer is directed to post copies of this decision in locations where it is likely to come to the attention of the affected employees. These copies must remain posted for 30 days.
In the event an issue arises, any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to these applications, including any matters relating to the representation votes, must file a detailed statement or 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 votes are taken.
This matter is referred to the Registrar.
“Patrick Kelly”
for the Board