The Rehabilitation Institute of Toronto v. Canadian Union of Public Employees, Local 1156, 2000 CanLII 12710

File No.: 2503-99-PS Date: May 30, 2000

Before: Gail Misra, 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").

2The parties have reached a Memorandum of Agreement dated May 25, 2000, which resolves the issues in dispute between them at this stage of the proceeding. The Memorandum, reproduced below exactly as drafted, states as follows:

The parties agree that the Public Sector Labour Relations Transaction Act, 1997 applies to the current operation of The Toronto Rehabilitation Institute at it various site.
The parties agree that for purposes of the PSLRTA, 1997 predecessor employers are The Rehabilitation Institute of Toronto, the Lyndhurst Hospital and The Toronto Rehabilitation Centre.

3The parties agree that the changeover date is November 2, 1998.

4This Memorandum of Agreement resolves the matters between the Toronto Rehabilitation Institute, CUPE, Local 1156 and SEIU, Local 204 in the Application filed by the Hospital under the PSLRTA, 1997.

5Pursuant to section 22 of the Act, and subject to paragraph 6 below, the parties agree that there shall be a full-time and a part-time bargaining unit for the service employees the descriptions for which are as follows:

"All full-time employees save and except professional medical staff, graduate and undergraduate nursing staff, technical and paramedical personnel, supervisors and forepersons and persons above those ranks, chief engineers, office and clerical staff and employees in bargaining units for which another trade union holds bargaining rights.

All part-time employees regularly employed for less than 24 hours per week save and except professional medical staff, graduate and undergraduate nursing staff, technical and paramedical personnel, supervisors and forepersons and persons above those ranks, chief engineers, office and clerical staff and employees in bargaining units for which another trade union holds bargaining rights.

For clarity it is understood that "technical and paramedical personnel" as used above includes both graduate and undergraduate audiologists, dieticians, physiotherapists, occupational therapist, psychiatric therapists, speech therapists, psychologists, psychometrists, pharmacists, computer support technicians, computer support specialists, AAC Technicians, AAC Technician Assistants, certified and non-certified dental assistant, registered and non-registered laboratory technicians, radiology technologists and technicians, respiratory technicians, electrocardiogram technicians, pulmonary technicians, nuclear medicine technologists and technicians, electroencephalogram technicians, laboratory assistants, medical laboratory technologists, pathological and cardiological technicians, rehabilitation counsellors, recreation counsellors and recreation workers."

6The parties agree that the following positions, which the Hospital claims are within the Recreation Worker and Recreation Counsellor categories in the above clarity note, remain in dispute as to whether they are in or out of the bargaining unit:

Assistant Fitness Trainer

Fitness Trainer

Exercise Leader

The parties agree that after the vote, the successful bargaining agent or agents and the Hospital will address the inclusion or exclusion of those positions from the bargaining unit through negotiation, mediation or arbitration if requested. It is understood that in making a determination on this issue the arbitrator shall consider among other things, the bargaining unit descriptions of the predecessor collective agreements. It is further understood that agreement on the clarity note is without prejudice to any parties' position as to inclusion or exclusion of the above positions from the bargaining unit.

7The parties agree that for purposes of the vote, employees employed in the positions listed in paragraph 6 shall be entitled to vote but shall have their ballots segregated.

8The employer shall provide each Union a list of names and addresses of those employees on the voter's list on disc no later than 3 weeks prior to the vote day.

9Each Union shall have access to existing union bulletin boards where they exist, or to a bulletin board designated by the Hospital where they do not exist, for the purposes of displaying campaign materials at each of the Employer's five sites.

10Each Union shall have the opportunity to have a meeting of 1-1/2 hours in duration at each of the Employer's five sites which such meeting rooms shall be arranged through Human Resources.

11Each of the Unions shall have the opportunity to leaflet the entrances of each of the Employer's five sites with the understanding that there shall be no obstruction of any emergency or transportation vehicles at the Elm Street entrance at 550 University.

12The parties agree that the Hospital shall not be responsible for monitoring the access and leafletting activities of the respondent Unions. It is understood, however, that the Hospital will seek to enforce compliance with this Agreement where breach of it is brought to its attention.

13The parties agree that votes will be conducted by the OLRB on June 27, 2000 for the two bargaining units defined in paragraph 5 above.

14Both CUPE and SEIU will be on the ballot for each of the part-time and full-time bargaining unit vote.

Dated at Toronto, Ontario this 25th day of May 2000.

Having regard to the agreement reached the Board makes the following findings, orders and direction:

(a) there shall be a full-time and a part-time bargaining unit of service employees, the descriptions of which are as follows:

All full-time employees save and except professional medical staff, graduate and undergraduate nursing staff, technical and paramedical personnel, supervisors and forepersons and persons above those ranks, chief engineers, office and clerical staff and employees in bargaining units for which another trade union holds bargaining rights.

and

(b) the Board notes that the following positions, which the Hospital claims are within the Recreation Worker and Recreation Counsellor categories in the above clarity note, remain in dispute as to whether they are in or out of the bargaining unit.

Assistant Fitness Trainer

Fitness Trainer

Exercise Leader

The Board further notes the parties' agreement that after the vote, the successful bargaining agent or agents and the Hospital will address the inclusion or exclusion of those positions from the bargaining unit through negotiation, mediation or arbitration if requested. It is further understood that agreement on the clarity note is without prejudice to any parties' position as to inclusion or exclusion of the above positions from the bargaining unit.

(c) For purposes of the vote, employees employed in the positions listed above in paragraph (b) shall be entitled to vote but shall have their ballots segregated.

(d) The Board directs that the employer shall provide each Union a list of names and addresses of those employees on the voter's list on disc no later than 3 weeks prior to the vote day.

(e) Each Union shall have access to existing Union bulletin boards where they exist, or to a bulletin board designated by the Hospital where they do not exist, for the purposes of displaying campaign materials at each of the Employer's five sites.

(f) Each Union shall have the opportunity to have a meeting of 1-1/2 hours in duration at each of the Employer' five sites at such meeting rooms as shall be arranged through Human Resources.

(g) Each of the Unions shall have the opportunity to leaflet the entrances of each of the Employer's five sites with the understanding that there shall be no obstruction of any emergency or transportation vehicles at the Elm Street entrance at 550 University Avenue.

(h) The Board orders that the votes be conducted by the Ontario Labour Relations Board on June 27, 2000 for the two bargaining units defined in paragraph (a) above.

(i) Both CUPE and SEIU will be on the ballot for each of the part-time and full-time bargaining unit votes.

The applicant employer is directed to post copies of this decision, along with the "Notice to Employees of Vote" in locations where these documents are likely to come to the attention of the persons who are eligible to vote. These notices must remain posted for a period up to 10 days after the votes have been conducted.
Anyone who wishes to make representations about any issue relating to the conduct or the outcome of the vote must file a detailed statement of representations and the material facts upon which they rely with the Board, and deliver it to all other parties, so that it is received within 7 days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
This matter is referred to the Registrar to be dealt with in accordance with this decision, and where this decision does not specifically address an issue, in accordance with the manner agreed to by the parties in the Memorandum of Agreement dated May 25, 2000.

"Gail Misra"

for the Board