Penetanguishene General Hospital Inc. v. Canadian Union of Public Employees
2977‑98‑PS Penetanguishene General Hospital Inc. and Huronia District Hospital Corporation o/a North Simcoe Hospital Alliance, Applicants v. Canadian Union of Public Employees and its Local 3157, Service Employees International Union, Local 204, and Ontario Public Service Employees Union and its Local 328, Responding Parties.
BEFORE: Harry Freedman, Vice‑Chair.
APPEARANCES: Kees W. Kort, M. Quealey and S. Duguay for the applicants; Nick E. Milanovic and Diana Broadbent for Canadian Union of Public Employees and its Local 3157; Sean Fitzpatrick, Debra Elliott and Marcelle Goldenberg for Service Employees International Union, Local 204; no one appearing for the Ontario Public Service Employees Union and its Local 328.
DECISION OF THE BOARD; January 26, 2000
1The parties in this proceeding who continue to have an interest in this matter (the applicant; the Canadian Union of Public Employees and its Local 3157 ("CUPE"); and the Service Employees International Union, Local 204 ("Local 204")) made application to the Board within this proceeding under the Public Service Labour Relations Transition Act, 1997, S.O 1997, c. 21, Sched. B, (the "Act") for an order under section 27 of the Act resolving the parties' dispute under section 24 of the Act as to which collective agreements apply to the bargaining units represented by CUPE and Local 204 respectively.
2Shortly after the consultation in this section 27 application commenced, it became apparent that there was a significant material fact in dispute between the parties. The parties agreed that rather than call evidence (as this was a consultation), they would meet and try to reach an agreement on the relevant facts. The consultation recessed, and the Board was advised later in the morning that their discussions, with the assistance of a Labour Relations Officer, were then constructive. The parties continued their discussions well into the afternoon. The parties agreed to adjourn the consultation to two dates the Board had available for the continuation of this application, as they could not complete their discussions by the end of the day and this application, if not resolved, would have to proceed.
3Therefore, the consultation in this application under section 27 of the Act is adjourned to March 30 and 31, 2000. The consultation will resume on that date at the Board's premises in Toronto, at 505 University Ave., 2nd Floor, commencing at 9:30 a.m. local time.
4This panel of the Board remains seized with this matter.
"Harry Freedman"
for the Board