New Frontiers Support Services – London Middlesex v. Ontario Public Service Employees Union
File No.: 3309-99-M Date: April 27, 2000
Applicant: New Frontiers Support Services – London Middlesex Responding Party: Ontario Public Service Employees Union
Before: M. A. Nairn, Vice-Chair
Appearances: David Wright for the applicant Frank Angeletti for the responding party
Decision of the Board
1This matter has been referred by the Minister of Labour pursuant to section 3(2) of the Hospital Labour Disputes Arbitration Act (the "HLDAA") and section 115 of the Labour Relations Act, 1995 (the "Act"). Two questions have been referred for the Board's consideration:
(a) Is the employer a "hospital" within the meaning of the HLDAA?
(b) In the absence of consent from both parties, would the Minister have the power to rescind the "no board" notice that was issued under clause 21(b) of the Labour Relations Act, 1995, in this particular matter if he were to consider doing so?
2On the day scheduled for hearing the parties convened. At that time I had some discussion with the parties and, with the parties' consent, I spoke with counsel in order to assess the progress made in bargaining. This is a first collective agreement. The parties have made substantial progress. It became apparent to me that engaging in litigation at this time would have a negative impact on the parties' ability and potentially their willingness to focus on bargaining that first agreement. Bargaining is the priority in this case at this juncture, and, regardless of the outcome of these legal proceedings, is something that the parties will eventually have to address. In the Board's view, that is appropriately sooner rather than later.
3I therefore adjourned these proceedings in order to provide the parties with the opportunity to meet and bargain. The hearing date scheduled for April 26, 2000 was adjourned. This matter is rescheduled to convene on Friday, June 2 and Wednesday, June 7, 2000 in the "Board Room", Ontario Labour Relations Board, 2nd floor, 505 University Avenue, Toronto, Ontario commencing each day at 9:30a.m. for the purpose of hearing the parties' evidence and submissions on all issues in dispute in this referral. The parties were directed to meet before this matter reconvenes for the purpose of complying with their statutory obligation to bargain in good faith. Should it be necessary to reconvene these proceedings, I will inquire as to the progress of those negotiations.
4I note that the parties have reached an interim agreement regarding the outstanding "no board" report which will continue in effect pending this process.
5This panel is seized.
"M. A. Nairn"
for the Board