Ontario Labour Relations Board
File No.: 3227-99-R Date: September 1, 2000
Between: Service Employees International Union, Local 204, Applicant v. Durham Access to Care, Canadian Red Cross Society (Ontario Zone), Comcare Independent Living Inc., Kawartha Quality Care, ParaMed Health Services, and Bayshore Healthcare, Responding Parties v. Ontario Nurses’ Association, Intervenor.
Before: Gail Misra, Vice-Chair.
Decision of the Board
1The Board received a letter dated July 13, 2000 in which the applicant is seeking to make some amendments to its application. The Board grants the applicant leave to amend its application as set out in paragraphs 1, 2 and 3 of the letter of July 13, 2000.
2More controversially, the applicant has also requested that Kawartha Quality Care, ParaMed Health Services and Bayshore Healthcare be added as responding parties to this application. The Board has since received correspondence from some of the original responding parties and from some of the potential responding parties. Having considered all of the submissions the Board is of the view that it should permit the applicant to amend its application to add Kawartha Quality Care, ParaMed Health Services and Bayshore Healthcare as responding parties. While it is late in the day to be adding new responding parties, practically there would be nothing to prevent the applicant from simply filing a new application naming these parties. That would lead to parallel proceedings about the very same issues and would be a waste of both the Board’s and the parties’ time and resources. Since no hearing on the merits has commenced at this juncture, it is still possible for new parties to be added, albeit with some time difficulties. The style of cause is amended to add these three responding parties.
3The applicant is directed to forthwith contact each of the parties and to ensure that they have all of the documentation relating to this application, including correspondence from the other parties and the Board that they would have been copied on had they been named in a timely fashion at the outset. All documents needed are to be delivered to each of the new responding parties within 6 days of the date of this decision.
4The new responding parties will then have 15 days from that date to file their responses with the Board and the other parties. In addition to filing a response, submissions may be made regarding the “no prima facie case” motion that the other responding parties have already made. Any submissions in this regard should also take into account the applicant’s response on this motion. The Board has already considered arguments regarding the production of documents in great detail in this and a sister case involving similar parties and is of the view that little new can likely be added to the arguments already made. However, should the new responding parties wish to make submissions on that matter as well, they may do so in their respective responses.
5The applicant and the original responding parties will have 4 days from the date the new responding parties file their responses to make any additional submissions. The Board will then consider the “no prima facie case” motion, and production matters should there be any.
6This matter is referred to the Registrar to take the necessary steps to add the new responding parties to this application, and to advise the new responding parties of the hearing dates set for this application.
7The Board hopes that the parties will be able to comply with the time lines set out herein in order that the Board may still address the “no prima facie case” motion before the first hearing dates in this application. The applicant is hereby advised that the Board will not grant any further requests to add responding parties to this application.
“Gail Misra”
for the Board