Service Employees’ International Union, Local 204 v. Niagara Health System
3649-99-PS Service Employees’ International Union, Local 204, Applicant v. Niagara Health System; Canadian Union of Public Employees, Local 1531; Canadian Union of Public Employees, Local 1532; Canadian Union of Public Employees, Local 1742; Canadian Union of Operating Engineers & General Workers; International Union of Operating Engineers, Local 722¸ Responding Parties v. Ontario Public Service Employees Union; Ontario Nurses’ Association; Intervenors.
3740-99-PS Niagara Health System, Applicant v. Service Employees International Union, Local 204; Canadian Union of Public Employees, Local 7100; Ontario Public Service Employees Union; Ontario Public Service Employees Union, Local 214; Ontario Public Service Employees Union, Local 215; Canadian Union of Operating Engineers and General Workers, Local 101; International Union of Operating Engineers, Local 772; Responding Parties v. Ontario Nurses’ Association, Intervenor.
BEFORE: Patrick Kelly, Vice Chair.
DECISION OF THE BOARD; April 6, 2000
Decision
1These are applications under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act") respecting bargaining rights of Service Employees’ International Union, Local 204; Canadian Union of Public Employees, Local 1531; Canadian Union of Public Employees, Local 1532; Canadian Union of Public Employees, Local 1742; Canadian Union of Operating Engineers & General Workers; International Union of Operating Engineers, Local 722; Canadian Union of Public Employees, Local 7100; Ontario Public Service Employees Union; Ontario Public Service Employees Union, Local 214; Ontario Public Employees Union, Local 215; Canadian Union of Operating Engineers and General Workers, Local 101; Ontario Nurses’ Association for employees of Niagara Health System (the "employer").
2The Act addresses certain collective bargaining issues resulting from municipal amalgamations (and similar changes at the municipal level), school board changes, hospital restructuring and other types of occurrences. The Act gives the Board the power to determine new bargaining unit configurations and to appoint new bargaining agents. The statute also contemplates that the bargaining parties may agree on how these matters should be decided without any formal adjudication by the Board.
3At this point in the proceeding, the parties in Board File No. 3649-99-PS are:
Service Employees’ International Union, Local 204;
Niagara Health System;
Canadian Union of Public Employees, Local 1531;
Canadian Union of Public Employees, Local 1532;
Canadian Union of Public Employees, Local 1742;
Canadian Union of Operating Engineers & General Workers;
International Union of Operating Engineers, Local 722;
Ontario Public Service Employees Union;
Ontario Nurses’ Association.
The parties in Board File No. 3740-99-PS are:
Niagara Health System;
Service Employees International Union, Local 204;
Canadian Union of Public Employees, Local 7100;
Ontario Public Service Employees Union;
Ontario Public Service Employees Union, Local 214;
Ontario Public Service Employees Union, Local 215;
Canadian Union of Operating Engineers and General Workers,
Local 101;
International Union of Operating Engineers, Local 772;
Ontario Nurses’ Association.
4Obviously, it is in the interest of the parties and the public, if these matters can be settled, or if they are to be litigated, that that be done in an economical and expeditious manner; moreover (as seems likely) much of the background and many of the facts may not be in dispute. In the circumstances, and pursuant to section 37(3) of the Act, the Board has appointed a Board Officer to meet with the parties in both files for the purpose of resolving the matters in dispute in whole or in part.
5The Officer will report the status of the settlement efforts to the Board no later than April 21, 2000. This report date can be extended by the Registrar upon the written agreement of the parties. The Board will then make such orders (with respect to pleadings or otherwise) or schedule such pre‑hearing conference, or consultation or hearing as appear to be necessary on the basis of the material before it.
The employer is directed to post copies of this decision (as well as the accompanying letter from the Registrar) in the workplace immediately. A sufficient number are to be posted where they are most likely to come to the attention of all employees who may be affected by these applications. The employer must keep them posted for a period of sixty (60) calendar days.
Employees wishing to participate in these proceedings must file three (3) copies of a written statement with the Board (at its offices at 505 University Avenue, 2nd floor, Toronto, Ontario M5G 2P1 not later than seven days after the date of this decision. The statement must set out their name, address and phone number, facsimile number (if any), the applicable file number that appears at the top of this decision, the names of the applicant and responding parties and a detailed statement of what they want the Board to consider. Before filing a statement with the Board, an employee must deliver a copy to the applicant and to the responding parties in the applicable file and must verify that it has done so. (The correct names and addresses of the applicant and responding parties in each file appear in the Registrar's letter that is posted with this decision.) The statement must also include the names and titles of the persons to whom the documents were delivered and information regarding the date, time and method of delivery. Employees, however, should not write to the Board if the only thing they want to say is that they support or do not support a particular bargaining agent. If the Board decides that an employee's statement will not change the result of the application, the Board may decide that application without further notice to that employee.
“Patrick Kelly”
for the Board