Ontario Labour Relations Board
1188-00-R Ontario Nurses’ Association, Applicant v. Finlandia Hoivakoti Nursing Home (Finlandia Nursing Home Ltd.), Responding Party.
BEFORE: Timothy W Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 25, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3Based on the pleadings it would seem that this application may be premature. The responding party asserts that the Finlandia Hoivakoti Nursing Home (Finlandia Nursing Home Ltd.) is currently under construction and will be a wholly owned subsidiary of the Sudbury Finnish Rest Home Society. While the responding party concedes that residents of Garson Nursing Home Ltd. (a wholly owned subsidiary of the Sudbury Finnish Rest Home Society) will be transferred to the new home if they agree, such transfer has yet to take place. The responding party submits that though employees will be terminated at the Garson Nursing Home Ltd. and notice of layoff given, the exact date of termination of such employees is not known “since such dates are predicated in large part on the completion of the construction, the final inspection of the Ministry of Health, the transfer of licenses etc etc”. Though offers of employment have been made to certain employees of Garson Nursing Home Ltd., the responding party asserts that such offers “specifically provide that the employment with Finlandia Hoivakoti does not commence until the date immediately following the date of termination with Garson Nursing Home Ltd”. The responding party therefore asserts there are currently no employees located at Finlandia Hoivakoti Nursing Home.
4In the circumstances the Board would ask for submissions from the applicant to be delivered to the Board and the responding party no later than Friday, July 28, 2000, as to why this application should not be dismissed. If no submissions are received by Friday, July 28, 2000 this application shall be deemed to be dismissed.
“Timothy W. Sargeant”
for the Board