1802-99-U Canadian Health Care Workers, Applicant v. Trenton Memorial Hospital and Quinte Healthcare Corporation, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; March 23, 2000
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”) wherein the applicant (“CHCW”) alleges that the responding party (“QHC”) violated section 86 (2), the so-called “freeze” provision, and other provisions of the Act. The application was filed near the time the CHCW had applied to be certified as the bargaining agent for two groups of employees employed by QHC, and who were represented by another trade union. Those applications were dismissed on January 10, 2000, and an application for reconsideration denied February 10, 2000. CHCW advises it is planning to apply for judicial review of those decisions.
2CHCW has requested that this Board adjourn the hearing in this matter until after the application for judicial review is disposed of. CHCW advises that if it is successful on judicial review it will wish to proceed with this application at that time. If it is unsuccessful it may or may not do so. QHC requests that this matter be processed in the normal course and set down for hearing.
3The Board concludes that this matter should be processed and a hearing date set unless the parties are able to settle it first. The CHCW has indicated that success or failure on the application for judicial review is not determinative of whether or not it will proceed. Accordingly, there is no need to await the outcome of that proceeding. Delay is inherently prejudicial to one or the other party and to the litigation process in general. It is to be avoided if possible.
4This application is referred to the Manager of Field Services to assign a Labour Relations Officer to meet with the parties to attempt to effect a settlement. If the officer is unable to do so, or if the parties are unable to meet in a reasonable time, the matter is to be scheduled for hearing.
5I am not seized of this application.
“David A. McKee”
for the Board