Canadian Health Care Workers v. St. Joseph’s Health Services Association of London Incorporated, 2000 CanLII 7571

Canadian Health Care Workers v. St. Joseph’s Health Services Association of London Incorporated

Parties

3709-99-PS Canadian Health Care Workers, Applicant v. St. Joseph’s Health Services Association of London Incorporated, Service Employees International Union (SEIU), Service Employees International Union, Local 220 (SEIU Local 220), Responding Parties v. Ontario Nurses’ Association, International Union of Operating Engineers Local 772, National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Ontario Public Service Employees Union, Intervenors.

BEFORE: D. L. Gee, Vice-Chair.

DECISION OF THE BOARD; September 26, 2000

Decision

1. This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act").

2. Previous decisions have been issued by the Board in this matter on August 28, and 15, May 29, April 13, 7, and 6, 2000.

3. A representation vote has been held in the following bargaining unit:

All lay employees employed by the Employer (St. Joseph’s Health Care, London) at Grosvenor, Mount Hope and Parkwood sites, at London Ontario; save and except Professional Medical staff, Registered Nurses, Graduate nursing staff, Undergraduate Nurses, Graduate Pharmacists, Undergraduate Pharmacists, Coordinators, Graduate Dieticians, Student Dieticians, Persons engaged in research work, Social Workers, Social Work Assistants, Technical and Professional Personnel, Chief Engineer, Assistant Chief Engineer, Supervisors, Foremen, persons above the rank of Supervisor or Foreman, Office and Clerical staff, Security Guards, and Technical Unit Personnel covered by a subsisting Collective Agreement between SEIU, Local 220 and St. Joseph Health Care, London.

CLARITY NOTES:

1. For purposes of clarity the term “Technical and Professional Personnel” includes; Graduate and Undergraduate Speech Therapists, Physiotherapists, Occupational Therapists, Laboratory Technologists, Phlebotomist, Radiology Technologists, Recreation Coordinators, Graduate and Undergraduate Audiologists, Physio-Occupational, Psychiatric and Speech Therapists, Psychologists, Psychometrists, Computer Programmers, Biomedical Repair Technicians, Certified and Non-Certified Dental Assistants, Photography Technicians, Artists-Medical Illustrators, Registered, Non-Registered and Student Laboratory Technicians, X-Ray Technicians, Respiratory Technicians, Electrocardiogram Technicians, Electroencephalogram Technicians, Pulmonary Technicians, Nuclear Medicine Technicians, Ophthalmic Technicians, Laboratory Assistants, and Persons training to become such Therapists and Technologists.

2. For purposes of clarity the term “Office and Clerical Staff” includes; Ward Clerks, Admitting Clerks, Receptionists, Safety and Security Officers, Information Clerks, Mail Clerks, Cashiers, Librarians, Switchboard Operators, Secretaries, Accountants, Staffing Clerks, Medical Stenographers, Payroll Clerks and Business Office Clerks.

3. For purposes of clarity the term “Grosvenor Site” includes; the operations and services provided by St. Joseph Health Care, London at the Withdrawal Management Services, Health Care Materials Management Services, Family Medical Centre and H.I.V. Care Program.

4. On the taking of the representation vote a majority of votes was cast in favour of National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada).

5. Prior to the taking of the representation vote, counsel for Canadian Health Care Workers wrote to the Board advising that a CHCW representative was not permitted full access, as per the Board’s direction of August 15, 2000, to the Grosvenor site. In response, counsel for St. Joseph’s Health Centre advises that the CHCW representative was asked to leave as a result of an error. Further access, to make up for the time lost, was offered to CHCW. It is the Board’s determination that there is no need to enquire into the allegations of CHCW as the Board is satisfied that, whether or not the allegations occurred, the results of the vote reflect the true wishes of the majority of the employees in the bargaining unit.

6. Accordingly, under subsection 23(9) of the Act, any bargaining rights possessed by Canadian Health Care Workers, and International Union of Operating Engineers Local 772, in respect of the employees who are now in the bargaining unit are hereby terminated.

7. The Board appoints the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) as the bargaining agent in respect of the aforementioned bargaining unit.

8. The responding employer is directed to post copies of this decision where it is most likely to come to the attention of all employees who may be affected by it. These copies are to remain posted for 30 days.

9. The Registrar will destroy the ballots cast in the representation vote following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of each 30 day period.

“D. L. Gee”

for the Board