1675-99-PS The Scarborough Hospital, Applicant v. Ontario Nurses’ Association, Local 111, Ontario Public Service Employees’ Union, Locals 581 and 575 and Canadian Union of Public Employees, Locals 1487 and 3517, Responding Parties.

BEFORE: Anthony Brown, Vice-Chair.

DECISION OF THE BOARD; April 19, 2000

1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act.

2In a decision dated February 7, 2000 the Board (differently constituted) issued a decision in this matter which reflected the resolution of matters as between the applicant and the Canadian Union of Public Employees and the Ontario Public Service Employees Union.

3On April 7, 2000 the applicant and the Ontario Nurses Association, Local 111 (“ONA”) executed the following Minutes of Settlement:

Board File No.: 1675-99-PS

THE ONTARIO LABOUR RELATIONS BOARD

Between:

THE SCARBOROUGH HOSPITAL

Employer

• and -

ONTARIO NURSES' ASSOCIATION, LOCAL 111,

Union

MINUTES OF SETTLEMENT

The parties agree to request an order from the Ontario Labour Relations Board as follows:

1. The Public Sector Labour Relations Transition Act, 1997 (the "PSLRTA 1997") applies to the current operation of the Scarborough Hospital at its various sites.

2. For the purposes of the PSLRTA, 1997, predecessor employers are Scarborough General Hospital and Salvation Army Scarborough Grace Hospital.

3. The changeover date under the PSLRTA, 1997 is September 8, 1999.

4. Pursuant to Section 22 of the PSLRTA, 1997, the following bargaining unit description is appropriate:

All registered and graduate nurses employed by the Scarborough Hospital engaged in a nursing capacity, save and except Patient Care Manager, Nursing Practice Coordinator and persons above the rank of Patient Care Manager and Nursing Practice Co-ordinator.

5. More than forty per cent (40%) of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date.

6. A representation vote shall be held on Friday, April 28, 2000.

7. A copy of the agreement as to union leave is attached as Appendix “A” hereto.

8. A copy of the voters' list is attached as Appendix "B" hereto.

9. There will be one polling place at each of the General and Grace sites. Polling locations will be as follows:

Grace Site: Lecture Theatre

General Site: Crockford Classroom

Polls will be open at each site from 6:30 a.m. until 12:30 p.m. and from

2:30 p.m. until 8:30 p.m.

10. Ballots will be counted after the close of voting on April 28.

11. The form of the ballot will be as follows:

Do you wish to be represented by the Yes □

Ontario Nurses' Association in your employment

relationship with The Scarborough Hospital? No □

12. Scrutineers will be as follows:

Grace Site

General Site

For the Union

Cindy Forster Cherille Franklin Valerie MacDonald Brenda Hallihan

Beverly Mednick Gail Sax/Carolyn Whalen Mary Lou King Dorothy Sterling

For the Employer

Elaine Dray Tara Karssing Audrey Masson

Jean Irvine Camille Thomas Wanda Leach

13. Agents for the purpose of the count shall be: Employer: Brian Mulroney

Union: Sophia Ruddock Cross

14. Provisions relating to ONA's access to the employees and to the Grace Site are contained in Appendix "C" hereto.

April 7, 2000 FOR THE EMPLOYER

“illegible signature”

FOR THE UNION

“illegible signature”

APPENDIX "A”

Board File No.: 1675-99-PS

THE ONTARIO LABOUR RELATIONS BOARD

Between:

THE SCARBOROUGH HOSPITAL

Employer

• and -

ONTARIO NURSES' ASSOCIATION, LOCAL 111,

Union

AGREEMENT WITH RESPECT TO UNION LEAVE

1. The Hospital hereby agrees to grant union leave as follows, in connection with the representation vote herein:

Susan Brickell: April 1 to and including April 30, 2000

Carol Tough: April 3 to and including April 30, 2000

R.N. to be identified: April 1 to and including April 2, 2000

2. The Hospital hereby agrees that there will be no reprisals taken against any of the nurses referred to herein for exercising their responsibilities under this agreement or the collective agreement, regardless of the outcome of the vote.

April 7, 2000 FOR THE HOSPITAL

“illegible signature”

FOR THE UNION FOR THE UNION

“illegible signature” “illegible signature”

APPENDIX "C"

Board File No.: 1675-99-PS

PUBLIC SECTOR LABOUR RELATIONS

TRANSITION ACT, 1997

APPLICATION UNDER

SECTION 21,22 AND/OR 23 OF THE ACT

THE ONTARIO LABOUR RELATIONS BOARD

Between:

THE SCARBOROUGH HOSPITAL

Applicant

• and -

ONTARIO NURSES' ASSOCIATION, LOCAL 111,

ONTARIO PUBLIC SERVICE EMPLOYEES' UNION,

LOCALS 581 AND 575 AND

CANADIAN UNION OF PUBLIC EMPLOYEES,

LOCALS 1487 AND 3517

Responding Parties

MINUTES OF SETTLEMENT WITH RESPECT TO

ACCESS FOR ONTARIO NURSES ASSOCIATION

1. The Ontario Nurses' Association has access to the Nurses at the General site of the Scarborough Hospital, as bargaining agent for those Nurses. Consequently, these Minutes of Settlement pertain to the Grace site only.

2. The provisions of paragraphs 3 to 7, inclusive, shall become operative effective April 7, 2000.

3. ONA shall be entitled to one external mailing per week to employees on the voters' list, on the understanding that ONA will provide the Hospital with a sufficient number of stamped, sealed envelopes to allow for delivery to all employees on the voters' list. The Hospital will thereafter affix mailing labels to the envelopes containing the names and addresses of the employees. The Union agrees that it will not retain copies or otherwise duplicate the information contained on the mailing list.

4. ONA shall be entitled to use the Hospital's internal mailing system for the purposes of two mailings per week to employees listed on the voters' list. ONA will deliver unlabeled mail to the Hospital's Human Resources Departments on the understanding that delivery before 12:00 noon is required in order to ensure next-day delivery to employees' mail slots on their units.

5. ONA shall be entitled to leaflet for up to two occasions per week, to a maximum of one and one-half hours per occasion, at the two doors of the south entrance to the Grace site.

6. ONA shall be entitled to access to the bulletin board (6 feet, 9 inches x 2 feet, 1 inch) adjacent to the employee locker room at the Grace site.

7. ONA shall be entitled to conduct two meetings per week, to a maximum of one and one-half hours each, to be attended only by employees during breaks, lunch periods, or outside working hours, in a Grace site meeting room to be agreed upon.

Dated: April 7, 2000 THE SCARBOROUGH HOSPITAL

Per: “illegible signature”

ONTARIO NURSES ASSOCIATION,

LOCAL 111

Per: “illegible signature”

4Having regard to the agreement of the applicant and ONA, the Board hereby directs that a representation vote be held in the following voting constituency:

All registered and graduate nurses employed by the Scarborough Hospital engaged in a nursing capacity, save and except Patient Care Manager, Nursing Practice Coordinator and persons above the rank of Patient Care Manager and Nursing Practice Co-ordinator.

5The vote will be held on April 28, 2000. Other arrangements for the vote will be as per the attached Notice of Vote.

6Voters will be asked whether or not they wish to be represented by the Ontario Nurses’ Association in their employment relationship with the applicant.

7The matter is referred to the Registrar

“Anthony Brown”

for the Board