1064-00-PS Service Employees International Union Local 204, Applicant v. North York General Hospital, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; November 24, 2000
1This is an application under the Public Sector Labour Relations Transition Act, 1997 (hereinafter the “Act”).
2The parties have entered into Minutes of Settlement dated August 29, 2000, reflecting their agreement on all outstanding issues, thus eliminating the need for a consultation. The Minutes are reproduced below:
MINUTES OF SETTLEMENT
BETWEEN:
SERVICE EMPLOYEES INTERNATIONAL UNION Local 204
(“the Union”)
- and -
NORTH YORK GENERAL HOSPITAL
(“the Hospital”)
Reference is made to the application before the Ontario Labour Relations Board (“OLRB”) brought by the Union pursuant to the Public Sector Labour Relations Transition Act, 1997, OLRB file no. 1064-00-PS.
The parties agree that there is no need for a hearing on this matter.
The parties have agreed to resolve all issues arising out of this Application on the following terms:
The parties agree that the Public Sector Labour Relations Transition Act, 1997 (“the Act”) applies to the Hospital’s operations pursuant to s.9(1) of the Act.
The parties agree that, for the purposes of s.9(2) of the Act, North York General Hospital and North York Branson Hospital are the predecessor employers and North York General Hospital is the successor employer.
The parties agree that the changeover date is September 3, 2000 pursuant to s.9(2) of the Act.
The parties agree that, pursuant to s.22 of the Act, the following bargaining units are appropriate and applicable for the successor’s operations:
one multi-site full-time service employees unit
one multi-site part-time service employees unit
one multi-site full-time office and clerical employees unit
where multi-site means the sites of both of the predecessor employers’ operations and further agree that the following bargaining unit descriptions are appropriate and applicable:
ARTICLE 2 - SCOPE AND RECOGNITION – Full-time Service
2.01 The Hospital recognizes the Union as the sole bargaining agent for all employees at the North York General Hospital in Metropolitan Toronto, Ontario, save and except professional medical staff, registered, graduate and undergraduate nurses, paramedical employees, supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and persons covered by subsisting collective agreements.
2.02 For the purposes of clarity, “office and clerical employees” includes “Unit Clerks”.
ARTICLE 2 – SCOPE AND RECOGNITION – Full-time Office & Clerical
2.01 The Hospital recognizes the Union as the sole bargaining agent for all employees of The North York General Hospital for all office and clerical employees in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, secretaries to: President, Vice-President, Medical Affairs; Vice President, Human Resources; Vice President, Financial Services; Vice-President, Hospital and Information Services; Vice-President, Support Services, Vice-President, Patient Services; Personnel Assistant, Benefits Co-ordinator; Personnel Records Clerks; Clerk-Typist, Personnel; Clerk-Typist, Nurses; Nursing Staffing Assistant; Senior Payroll Technicians, Accounting Clerk-General Accounts; Assistant Accountant; Computer Operators; persons regularly employed for not more than twenty-four (24) hours per week; students employed during the school vacation period and employees in bargaining units for which any trade union held the bargaining rights as of September 3, 1985, that being the date of application for certification. For purposes of clarity; It is understood that the Personnel Assistant, Benefits Co-ordinator, Personnel Records Clerks, Clerk-Typist Personnel, Nursing Staffing assistant, Clerk-Typist Nursing, Senior Payroll Technicians, Accounting Clerk-General Accounts, Assistant Accountant and Computer Operators are excluded from the bargaining unit on the basis that they are employed in a confidential capacity in matters relating to labour relations, pursuant to section 1(3)(b) of the Act.
Part-time Service
2.01 The Hospital recognizes the Union as the sole bargaining agent for all employees at The North York General Hospital in Metropolitan Toronto, Ontario, regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, save and except professional medical staff, registered, graduate and undergraduate nurses, paramedical employees, supervisors, persons above the rank of supervisor, office and clerical staff, and persons covered by subsisting collective agreements.
2.02 For the purposes of clarity, “office and clerical employees” includes “Unit Clerks”.
The parties agree to meet, prior to September 3, 2000, to confirm which positions and classifications at the Branson Division are included in or excluded from the bargaining units described in paragraph 4 above. Where the Union and Employer are in disagreement over an excluded position or classification, the position or classification shall remain excluded, pending a more detailed investigation of its duties and responsibilities. If after this stage the parties are still unable to agree as to whether a position or classification should be excluded from the bargaining unit, the Union may formally grieve the exclusion. In making a determination, the arbitrator will have regard to the collective agreement, managerial exclusions, confidential to labour relations exclusions, and exclusions analogous to positions currently excluded.
The parties agree, for the purposes of s.23 of the Act, that immediately before the changeover date, the Union was the only bargaining agent for employees in the bargaining units described in paragraph 4, that less than forty per cent (40%) of the employees in the bargaining units described in paragraph 4 were not represented by a bargaining agent, and that therefore, effective upon the endorsement of these Minutes of Settlement by the OLRB, the Union shall be the bargaining agent for employees in the bargaining units described in paragraph 4.
DATED at the City of Toronto this 29th day of August, 2000.
“Illegible Signature”
“Pat O’Brien”
“Mary Riddell”
Service Employees International Union, Local 204
“Edward Ozog”
North York General Hospital
3Having regard to the agreement of the parties and to the factors mentioned in subsection 9(6) of the Act, the Board declares that:
The Public Sector Labour Relations Transition Act, 1997 applies to the responding party’s operations pursuant to subsection 9(1).
For the purposes of subsection 9(2) the Act, the predecessor employers are North York General Hospital and North York Branson Hospital and the North York General Hospital is the successor employer.
September 3, 2000 is the changeover date.
4The following bargaining units are appropriate and applicable for the successor’s operations:
one multi-site full-time service employees unit
one multi-site part-time service employees unit
one multi-site full-time office and clerical employees unit
where multi-site means the sites of both of the predecessor employers’ operations.
5The following bargaining unit descriptions are appropriate and applicable:
Full-time service employees unit:
all employees at the North York General Hospital in Metropolitan Toronto, Ontario, save and except professional medical staff, registered, graduate and undergraduate nurses, paramedical employees, supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period and persons covered by subsisting collective agreements.
For the purposes of clarity, “office and clerical employees” includes “Unit Clerks”.
Part-time service employees unit:
all employees at the North York General Hospital in Metropolitan Toronto, Ontario, regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, save and except professional medical staff, registered, graduate and undergraduate nurses, paramedical employees, supervisors, persons above the rank of supervisor, office and clerical staff, and persons covered by subsisting collective agreements.
For the purposes of clarity, “office and clerical employees” includes “Unit Clerks”.
Full-time office and clerical employees unit:
all employees of the North York General Hospital for all office and clerical employees in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, secretaries to: President, Vice-President, Medical Affairs; Vice President, Human Resources; Vice President, Financial Services; Vice-President, Hospital and Information Services; Vice-President, Support Services; Vice-President, Patient Services; Personnel Assistant, Benefits Co-ordinator; Personnel Records Clerks; Clerk-Typist, Personnel; Clerk-Typist, Nurses; Nursing Staffing Assistant; Senior Payroll Technicians; Accounting Clerk-General Accounts; Assistant Accountant; Computer Operators; persons regularly employed for not more than twenty-four (24) hours per week; students employed during the school vacation period and employees in bargaining units for which any trade union held the bargaining rights as of September 3, 1985, that being the date of application for certification. For purposes of clarity; It is understood that the Personnel Assistant, Benefits Co-ordinator, Personnel Records Clerks, Clerk-Typist Personnel, Nursing Staffing Assistant, Clerk-Typist Nursing, Senior Payroll Technicians, Accounting Clerk-General Accounts, Assistant Accountant and Computer Operators are excluded from the bargaining unit on the basis that they are employed in a confidential capacity in matters relating to labour relations, pursuant to section 1(3)(b) of the Act.
6Service Employees International Union Local 204 is the bargaining agent for employees in the aforementioned bargaining units.
- The applicant is directed to post copies of this decision in places in the workplace where they are likely to come to the attention of affected employees. Copies must remain posted for 15 days.
“Anthony Brown”
for the Board