Canadian Union of Public Employees, Local 942 v. Royal Ottawa Health Care Group/Service de Santé Royal Ottawa
File Nos.: 1451-00-R, 1452-00-R Date: November 10, 2000 Ontario Labour Relations Board
Between: Canadian Union of Public Employees, Local 942, Applicant v. Royal Ottawa Health Care Group/Service de Santé Royal Ottawa and Children’s Hospital of Eastern Ontario, Responding Parties.
And Between: Local 1976, Canadian Union of Public Employees, Applicant v. Royal Ottawa Health Care Group/Service de Santé Royal Ottawa and Children’s Hospital of Eastern Ontario, Responding Parties.
Before: Bram Herlich, Vice-Chair.
Decision of the Board
1The styles of cause are hereby amended to reflect the correct name of the first responding party: “Royal Ottawa Health Care Group/Service de Santé Royal Ottawa” [ROHCG].
2These are applications for declarations that there has been a sale of a business from ROHCG to Children’s Hospital of Eastern Ontario.
3The responding parties do not deny that, as a result of directions issued by the Health Services Restructuring Commission, they have been together developing a “Plan” to provide pediatric mental health services in Ottawa-Carleton and that those efforts are ongoing.
4However, it is also asserted that any resulting “Plan” has yet to be formulated, requires Ministry approval and will not be implemented until the Summer of 2001.
5If those submissions are accurate, then there may well be force to the responding parties’ submissions that the application is premature.
6In that regard, these parties, for that reason, and pursuant to their obligations under section 69(13) of the Act will no doubt wish to provide the applicant with all of the relevant documentation to substantiate their position. For its part, the applicant will no doubt, once it receives all of the relevant documentation, assess or reassess its position insofar as the timeliness of the instant application is concerned.
7The responding parties are therefore hereby directed to each deliver to the applicant all materials upon which they intend to rely in these matters. In addition, they are also directed to deliver to the applicant copies of all documentation in their possession relevant to the issues of the alleged sale of a business in this case and, in particular, to the changes currently under consideration to the provision of the relevant child and youth mental health services.
8Once these documents have been produced and reviewed, the parties may wish to advise the Board as to their position on the “ripeness” of the issues for litigation.
9In the interim, the Registrar is directed to continue to process this matter in the normal course, including assigning hearing dates.
“Bram Herlich”
for the Board