Kenora District Health Services Inc. v. Canadian Union of Public Employees, Local 2332, 2000 CanLII 2345

Kenora District Health Services Inc. v. Canadian Union of Public Employees, Local 2332

Parties

1645-00-R Kenora District Health Services Inc., Applicant v. Canadian Union of Public Employees, Local 2332; Office and Professional Employees’ International Union, Local 521; Ontario Public Service Employees Union, Local 702; Ontario Public Service Employees Union, Local 739; Family & Children Services of the District of Rainy River; Kenora-Patricia Child and Family Services; Lake of the Woods Child Development Centre, and Patricia Centre for Children and Youth, Responding Parties.

Decision Makers

BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A Rundle and D. A. Patterson.

Decision

DECISION OF THE BOARD; November 28, 2000

1. This is an application filed under section 69 of the Labour Relations Act, 1995 (the “Act”).

2. The parties met and signed a Memorandum of Agreement.

3. In accordance with the Memorandum of Agreement the Board makes the following declarations and directions:

4. A sale of business has taken place within the meaning of Section 69 of the Labour Relations Act, 1995 from Family & Children Services of the District of Rainy River, Kenora-Patricia Child and Family Services, Lake of the Woods Child Development Centre and Patricia Centre for Children and Youth to the Applicant. As a result the Applicant is bound by collective agreements entered into by OPSEU and Lake of the Woods Child Development Centre, OPSEU and Family & Children Services of the District of Rainy River, OPEIU and Patricia Centre for Children and Youth and CUPE and Kenora-Patricia Child and Family Services. A change in the character of the business so that it is substantially different from the business of the predecessor employers has not taken place and there is an intermingling of employees of various predecessor businesses all of whom were represented by various trade unions.

5. A single bargaining unit with one bargaining agent is appropriate for the operations of the Applicant.

6. The appropriate bargaining unit is as follows:

All employees of Kenora District Health Services Inc. save and except the executive secretary, psychologists, program managers and persons above the rank of program manager.

4. A representation vote will be taken of employees in the bargaining unit as set out in Point 3 above to determine the bargaining agent. The representation vote will be held on December 7, 2000 at The Training Room at Lake of the Woods District Hospital, 21 Sylvan Street, Kenora, Ontario between the hours of 1:00pm and 1:45pm Central time. All individuals who had an employment relationship with the Applicant in the bargaining unit set out at paragraph 3 above, on the date of the Board's decision ordering the vote are eligible to vote. Employees having an employment relationship on the date of the Board's decision ordering the vote, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment. The employees will be asked whether in their employment relations with the Applicant they wish to be represented by Canadian Union of Public Employees (to be shown as Canadian Union Of Public Employees (CUPE) on the ballot), Office & Professional Employees International Union (to be shown as Office and Professional Employees International Union (OPEIU) on the ballot) or Ontario Public Service Employees Union (to be shown as Ontario Public Service Employees Union (OPSEU) on the ballot). The aforementioned order of the trade unions names will be the order in which their names appear on the ballot.

5. Subject to any challenges or additions to the voters list made by any of the above parties on or before the date of the vote, the list of eligible voters is as agreed by the parties.

6. If the majority of the unspoiled ballots cast in the representation vote are in favour of CUPE, then the Applicant will be bound to the collective agreement between CUPE and Kenora-Patricia Child and Family Services which expires March 31, 2001 with the bargaining unit described therein amended as above.

7. If the majority of the unspoiled ballots cast in the representation vote are in favour of OPEIU, then the Applicant will be bound to the collective agreement between OPEIU and Patricia Centre for Children and Youth which expires December 31, 2000 with the bargaining unit described therein amended as above.

8. If the majority of the unspoiled ballots cast in the representation vote are in favour of OPSEU, then the Applicant will be bound to the collective agreement between OPSEU and Lake of the Woods Child Development Centre which expires March 31, 2000 with the bargaining unit described therein amended as above.

9. Until such time as the salaries and other benefits applicable to the employees in the bargaining unit set out above are amended by way of a new collective agreement concluded with the bargaining agent selected by the employees in a representation vote as set out above, the Applicant will maintain the salary and other benefits for each employee within the bargaining unit at their current levels.

10. The applicant is directed to post copies of this decision and of the “Notice of Vote”. These copies must remain posted until December 7, 2000.

11. The matter is referred to the Registrar.

“Timothy W. Sargeant ”

for the Board