Ontario Labour Relations Board
3709-99-PS Canadian Health Care Workers, Applicant v. St. Joseph’s Health Centre and Empoyees International Union (SEIU), Service Employees International Union, Local 220 (SEIU Local 220), Responding Parties v. Ontario Nurses Association, International Union of Operating Engineers Local 772, Intervenors.
BEFORE: Patrick Kelly, Vice Chair.
DECISION OF THE BOARD; April 6, 2000
1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act") respecting bargaining rights of Canadian Health Care Workers; Service Employees International Union (SEIU); Service Employees International Union, Local 220 (SEIU Local 220); Ontario Nurses’ Association; International Union of Operating Engineers Local 772 for employees of St. Joseph’s Health Centre (the “employer”).
2The Act addresses certain collective bargaining issues resulting from municipal amalgamations (and similar changes at the municipal level), school board changes, hospital restructuring and other types of occurrences. The Act gives the Board the power to determine new bargaining unit configurations and to appoint new bargaining agents. The statute also contemplates that the bargaining parties may agree on how these matters should be decided without any formal adjudication by the Board.
3At this point in the proceeding, the parties are:
Canadian Health Care Workers
St. Joseph’s Health Centre
Service Employees International Union (SEIU)
Service Employees International Union, Local 220 (SEIU Local 220)
Ontario Nurses’ Association
International Union of Operating Engineers Local 772
4Obviously, it is in the interest of the parties and the public, if this matter can be settled, or if it is to be litigated, that that be done in an economical and expeditious manner; moreover (as seems likely) much of the background and many of the facts may not be in dispute. In the circumstances, and pursuant to section 37(3) of the Act, the Board has appointed a Board Officer to meet with the parties for the purpose of resolving the matters in dispute in whole or in part.
5The Officer will report the status of the settlement efforts to the Board no later than April 28, 2000. This report date can be extended by the Registrar upon the written agreement of the parties. The Board will then make such orders (with respect to pleadings or otherwise) or schedule such pre‑hearing conference, or consultation or hearing as appear to be necessary on the basis of the material before it.
6The employer is directed to post copies of this decision (as well as the accompanying letter from the Registrar) in the workplace immediately. A sufficient number are to be posted where they are most likely to come to the attention of all employees who may be affected by the application. The employer must keep them posted for a period of sixty (60) calendar days.
7Employees wishing to participate in this proceeding must file three (3) copies of a written statement with the Board (at its offices at 505 University Avenue, 2nd floor, Toronto, Ontario M5G 2P1 not later than seven days after the date of this decision. The statement must set out their name, address and phone number, facsimile number (if any), the file number that appears at the top of this decision, the names of the applicant and responding parties and a detailed statement of what they want the Board to consider. Before filing a statement with the Board, an employee must deliver a copy to the applicant and to the responding parties and must verify that it has done so. (The correct names and addresses of the applicant and responding parties appear in the Registrar's letter that is posted with this decision.) The statement must also include the names and titles of the persons to whom the documents were delivered and information regarding the date, time and method of delivery. Employees, however, should not write to the Board if the only thing they want to say is that they support or do not support a particular bargaining agent. If the Board decides that an employee's statement will not change the result of the application, the Board may decide the application without further notice to that employee.
“Patrick Kelly”
for the Board