The Scarborough Hospital v. Ontario Nurses’ Association, Local 111

1675-99-PS The Scarborough Hospital, Applicant v. Ontario Nurses’ Association, Local 111, Ontario Public Service Employees’ Union, Locals 581 and 575 and Canadian Union of Public Employees, Locals 1487 and 3517, Responding Parties.

BEFORE: Laura Trachuk, Vice-Chair.

DECISION OF THE BOARD; February 7, 2000

1. The applicant has now resolved a number of outstanding issues with the Canadian Union of Public Employees (“CUPE”) and the Ontario Public Service Employees Union (“OPSEU”).

2. The Minutes of Settlement signed by the applicant and CUPE provide as follows:

O.L.R.B. File No.: 1675-99-PS

MINUTES OF SETTLEMENT

B E T W E E N:

THE SCARBOROUGH HOSPITAL

Employer

AND

CANADIAN UNION OF PUBLIC EMPLOYEES

Union

1. The Board declares that the Public Sector Labour Relations Transition Act, 1997 (the “PSLRTA, 1997”) applies to the current operation of the Scarborough Hospital at its various sites.

2. The Board declares that for the purposes of the PSLRTA, 1997, predecessor employers are Scarborough General Hospital and Salvation Army Scarborough Grace Hospital.

3. These Minutes of Settlement resolve the matters between The Scarborough Hospital and Canadian Union of Public Employees as a result of the Employer filing an application under the PSLRTA, 1997.

4. The changeover date under the PSLRTA, 1997 is September 8, 1999.

5. Pursuant to Section 22 of the PSLRTA, 1997, the parties ask that the Board declare the Canadian Union of Public Employees and its Local 1487 as the bargaining agent for the Bargaining Units set out below:

i) All Full-Time Service Employees and Operating Engineers employed by The Scarborough Hospital save and except supervisors of [sic] those above the rank of supervisor.

ii) All Part-Time Service Employees and Operating Engineers regularly employed by The Scarborough Hospital for twenty-four (24) hours or less per week, save and except supervisors and those above the rank of supervisor.

For the sake of clarity, the classifications listed in “A” and “B” hereto [not attached] are classifications below the rank of supervisor and are therefore included in the bargaining unit.

The parties acknowledge that fewer than forty per cent of the employees in the bargaining unit were not represented by a trade union immediately before the changeover date.

DATED this 6th day of October, 1999 in the City of Toronto.

FOR CUPE and LOCAL 1487 FOR THE SCARBOROUGH

HOSPITAL

“Janet McIver” . “Patricia A. Cowley” .

Vice President, H.R.

3. Pursuant to the Minutes of Settlement set out in paragraph 2, the Board hereby makes the following declarations:

a) the Board declares that the Public Sector Labour Relations Transition Act, 1997 (the “PSLRTA, 1997”) applies to the current operation of the Scarborough Hospital at its various sites;

b) the Board declares that for the purposes of the PSLRTA, 1997, predecessor employers are Scarborough General Hospital and Salvation Army Scarborough Grace Hospital;

c) the Board hereby declares that the Canadian Union of Public Employees and its Local 1487 is the bargaining agent for employees in the following bargaining unit:

all full-time service employees and operating engineers employed by The Scarborough Hospital save and except supervisors and those above the rank of supervisor.

d) the Board hereby declares that the Canadian Union of Public Employees and its Local 1487 is the bargaining agent for employees in the following bargaining unit:

all part-time service employees and operating engineers regularly employed by The Scarborough Hospital for twenty-four (24) hours or less per week, save and except supervisors and those above the rank of supervisor.

4. The Minutes of Settlement signed by the applicant and OPSEU provide as follows:

O.L.R.B. File NO.: 1675-99-PS

MINUTES OF SETTLEMENT

BETWEEN:

THE SCARBOROUGH HOSPITAL

Employer

AND

ONTARIO PUBLIC SERVICE EMPLOYEES UNION

Union

1. The Board declares that the Public Service Labour Relations Transition Act, 1997 (the “PSLRTA, 1997”) applies to the current operation of The Scarborough Hospital at its various sites.

2. The Board declares that for the purposes of the PSLRTA, 1997, predecessor employers are Scarborough General Hospital and Salvation Army Scarborough Grace Hospital.

3. These Minutes of Settlement resolve the mattes between the Scarborough Hospital and Ontario Public Service Employees’ Union and its local 575 with respect to technical bargaining unit employees arising as a result of the employer filing an application under the PSLRTA, 1997.

4. Pursuant to Section 22 of the PSLRTA, 1997, the parties ask that the Board declare Ontario Public Service Employees’ Union and its Local 575 as the bargaining agent for the Bargaining Unit set out below:

Full-Time/Part-Time Technical Bargaining Unit

The Hospital recognizes the Union as the Bargaining Agent of all Medical Laboratory, Nuclear Medicine Radiology, E.E.G., Immunology, Ultrasound and Cytology Technologists, Technicians, and Respiratory Therapists employed by The Scarborough Hospital in Metropolitan Toronto, save and except those above the rank of Charge Technologist, students in training, students employed during the school vacation period, office and clerical workers, and employees covered by subsisting labour agreements.

5. The parties acknowledge that fewer than forty per cent of the employees in the bargaining unit were not represented by a trade union immediately before the changeover date.

DATED this 20th day of October, 1999 in the City of Toronto.

FOR OPSEU AND OPSEU LOCAL 575 FOR THE SCARBOROUGH HOSPITAL

“Connie Huziak” “Particia A. Cowley

Vice-President, H.R.

5. Pursuant to the Minutes of Settlement set out in paragraph 4 above, the Board hereby makes the following declarations:

a). The Board declares that the Public Service Labour Relations Transition Act, 1997 (the “PSLRTA, 1997”) applies to the current operation of The Scarborough Hospital at its various sites.

b) The Board declares that for the purposes of the PSLRTA, 1997, predecessor employers are Scarborough General Hospital and Salvation Army Scarborough Grace Hospital.

c) The Board hereby declares that the Ontario Public Service Employees’ Union and its Local 575, is the bargaining agent for employees in the following bargaining unit:

Full-Time/Part-Time Technical Bargaining Unit

all medical laboratory, nuclear medicine radiology, E.E.G., immunology, ultrasound and cytology technologists, technicians, and respiratory therapists employed by The Scarborough Hospital in Metropolitan Toronto, save and except those above the rank of charge technologist, students in training, students employed during the school vacation period, office and clerical workers, and employees covered by subsisting labour agreements.

6. The applicant is directed to post copies of this decision in places in the workplace where they are likely to come to the attention of affected employees. Copies must remain posted for 30 days.

“Laura Trachuk”

for the Board