Ontario Public Service Employees Union v. Royal Ottawa Health Care Group/Services De Santé Royal Ottawa
File No.: 2075-00-R Date: October 19, 2000
Ontario Public Service Employees Union, Applicant v. Royal Ottawa Health Care Group/Services De Santé Royal Ottawa, Responding Party v. Canadian Union of Public Employees and its Locals 942 and 1976, Intervenor #1 v. Ontario Nurses’ Association, Intervenor #2.
Before: Gail Misra, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
Decision of the Board
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes three different bargaining unit descriptions rather than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
5Interventions have been filed by the Canadian Union of Public Employees and its Locals 942 and 1976, and by the Ontario Nurses’ Association. Both Intervenors object to the certification application on the grounds that applications have already been filed at the Board under the Public Sector Labour Relations Transition Act, 1997. Notwithstanding their objections, the Board is ordering that a vote be held in this application.
6The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote.
7The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Royal Ottawa Health Care Group/Services De Santé Royal Ottawa employed at or administered from the Brockville Campus of the Royal Ottawa Heatlh Care Group (formerly Brockville Psychiatric Hospital), save and except supervisors who exercise managerial functions within the meaning of the Ontario Labour Relations Act, and those above the rank of supervisor.
8The vote will be held on October 23 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
9All individuals who had an employment relationship with the responding party in the voting constituency on October 16, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 16, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
10There is a dispute between the parties about the bargaining unit description. While the applicant has proposed a bargaining unit as described in Paragraph 6 above, the responding party has proposed the following three bargaining units:.
Unit #1 Nursing:
all registered and graduate nurses employed in a nursing capacity by the Brockville Psychiatric Hospital, a division of the Royal Ottawa Health Care Group in the City of Brockville, save and except Head Nurses, Area Supervisors, Nurse Managers and Nursing Coordinators and persons above the rank of Head Nurse, Area Supervisor, Nurse Manager or Nursing Coordinator and Clinical and Infection Control Nurse.
Unit #2 Paramedical:
all paramedical staff employed by the Brockville Psychiatric Hospital, a division of the Royal Ottawa Health Care Group in the City of Brockville, save and except Chiefs, Managers, Coordinators, Supervisors and persons above the rank of Chief, Manager, Coordinator or Supervisor and Hospital QA Coordinator/Program Evaluator.
Unit #3 Service and Clerical:
all service, office and clerical staff employed by the Brockville Psychiatric Hospital, a division of the Royal Ottawa Health Care Group in the City of Brockville, save and except Heads, Managers, Assistant Administrators, Coordinators, Supervisors and persons above the rank of Head, Manager, Assistant Administrator, Coordinator, Supervisor, confidential secretaries clerks and assistants employed in Human Resources, Patient Services and Financial Services, Engineer, Chef and Community Relations Officer.
11In order to facilitate the resolution of this application after the vote has been held the Board directs the Board Officer conducting the vote to take the vote in such a manner as to allow the ballots cast to be counted separately in the three bargaining units proposed by the responding party. The Board notes that the responding party’s list of employees has identified each employee as belonging to one of its three proposed bargaining units. Any person challenged by any party as not properly on the list shall have his or her ballot, if any, segregated.
12If any individual who wishes to cast a ballot is not on the lists of employees, the individual shall identify himself or herself to the Board Officer, along with his or her position with the responding party employer, and such individual shall be entitled to cast a ballot. Any ballots cast by such an individual shall be segregated.
13Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
14In light of the number of issues in this application the ballot box is ordered sealed until the parties agree or the Board orders otherwise.
15The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
16Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
17The matter is referred to the Registrar.
“Gail Misra”
for the Board