Ontario Labour Relations Board
Parties
2246-98-PS Sunnybrook and Women's College Health Sciences Centre, Applicant v. Canadian Union of Public Employees; Ontario Nurses Association; Ontario Public Service Employees Union; Service Employees' International Union, Local 204; The Association of Allied Health Professionals: Ontario; Brewery, General and Professional Workers' Union; Hotel Employees Restaurant Employees Union, Local 75; Sunnybrook Hospital Employees Union, Local 777; International Union of Operating Engineers, Local 796, Responding Parties.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; March 1, 2000
Decision
The Board conducted a further consultation with respect to this application. The issue remaining in dispute is whether 14 positions should be included in the clerical or service bargaining units. Only the applicant and the Sunnybrook Hospital Employees Union (“SHEU”) participated in the consultation as they appear to be the only parties with an outstanding interest in this aspect of the application.
During the process of agreeing upon the bargaining unit descriptions, the applicant identified four positions in the human resource department which it wished to add to the list of exclusions on the basis that they are employed in a confidential capacity in matters relating to labour relations. The four positions are currently included in the clerical bargaining unit at the Sunnybrook location. During the process of drafting the voter’s list for the representation vote in the paramedical unit, the union identified 10 positions which were in the paramedical bargaining unit at Women’s College Hospital or excluded from the SHEU bargaining units at Sunnybrook as paramedical, which it wished to include in those bargaining units. It claims that nine of the positions should be in its service unit and one should be in its clerical unit.
The Board has reviewed the parties’ materials and considered the submissions made at the consultation and sees no reason to change the status quo for any of the positions identified by the parties except for the “Physiotherapy Assistant”. “Physiotherapy Assistant” is a position included in the service bargaining unit at the Sunnybrook location and therefore the position at the Orthopedic and Arthritic hospital should also be in the service bargaining unit. There was no argument that the Physiotherapy Assistant at Sunnybrook should be excluded from the service bargaining unit and under the circumstances the Board would be reluctant to do so. The Board therefore confirms that the Physiotherapy Assistant is a position in the service bargaining unit regardless of the location at which the incumbent works.
The Board does not have the same concern with respect to the Human Resources Receptionist. The position has been excluded by the parties at the Women’s College Hospital site because is employed in a confidential capacity in matters relating to labour relations but is included in the bargaining unit at Sunnybrook. The determination to exclude an employee from a bargaining unit because he or she is employed in a confidential capacity in matters relating to labour relations are generally made on an individual basis. In these circumstances the Board sees no reason to change the status quo with respect to the Human Resources Receptionist.
The Board hereby directs the parties to advise me on or before March 17, 2000 as to whether there are any outstanding issues in this file. If the Board receives no correspondence from the parties on or before March 17, 2000 it will assume that there are no outstanding issues and will terminate the file.
“Laura Trachuk”
for the Board