Ontario Public Service Employees Union v. Canadian Blood Services, Hamilton Blood Centre
Court File No.: 1967-00-R Date: December 18, 2000 Ontario Labour Relations Board
Between: Ontario Public Service Employees Union, Applicant v. Canadian Blood Services, Hamilton Blood Centre, Responding Party.
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Appearances: Richard Blair and Gayle Lebans appeared on behalf of the applicant; David K. Law appeared on behalf of the responding party.
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party as noted in the Pre-Vote Consultation Worksheet: "Canadian Blood Services, Hamilton Blood Centre".
2This is an application for certification under the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act").
3The hearing in this matter commenced on December 4, 2000. The sole remaining issue concerned the status of persons who occupy the classification of Quality System Associate ("QSA"). The responding party contends that persons in that classification should be excluded from the bargaining unit. The applicant opposes the exclusion.
4The representation vote was held on October 11, 2000. 29 ballots were cast in favour of the applicant, 10 opposed, with 2 ballots segregated and not counted. Counsel for the responding party ("CBS") acknowledged that the remaining issue in this matter has no bearing on the outcome of the representation vote, and did not oppose the applicant's request for an interim certificate subject to final determination of the status issue outlined in paragraph 2 above.
5Counsel for CBS requested an adjournment of the proceeding, a request opposed by counsel for the applicant ("OPSEU"). Counsel for CBS argued that the evidence he wished to present would be quite substantial in scope, requiring perhaps several days of hearing. Moreover, he contended that rather than litigate, the collective bargaining process could now be engaged to permit the parties to negotiate the issue of the QSA's within a much broader context of issues.
6Counsel for OPSEU argued that the parties had already attempted to negotiate the QSA issue, without success, and that the hearing should proceed in the absence of any reasonable prospect of a resolution.
7The Board granted the motion to adjourn in order to provide the parties the opportunity to explore the issue further in the collective bargaining process. To that end, the Board also agreed to issue an interim certificate to the applicant.
8Except with respect to the emphasized portions, the parties have agreed on the following bargaining unit description:
all paramedical employees of Canadian Blood Services, at its Hamilton Blood Centre in the Regional Municipality of Hamilton-Wentworth, save and except managers, persons above the rank of manager, scientist, researchers and research assistants, staff development associates, blood donor recruitment staff, administrative assistant and employees in bargaining units for which any trade union held bargaining rights as of October 3, 2000 and pending resolution by the OLRB, excluding quality system associates.
Clarity Note: For purposes of clarity, staff development associates are excluded from the bargaining unit because the two individuals who were classified as staff development associates as of the date of application were functioning as lead trainers.
9The Board pursuant to its discretion under section 9(2) of the Act, having regard to the agreement of the parties and pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for all paramedical employees of Canadian Blood Services, at its Hamilton Blood Centre in the Regional Municipality of Hamilton-Wentworth, save and except managers, persons above the rank of manager, scientist, researchers and research assistants, staff development associates, blood donor recruitment staff, administrative assistant and employees in bargaining units for which any trade union held bargaining rights as of October 3, 2000 and pending the resolution by the Board, excluding quality system associates.
10A final certificate must await the final determination of the appropriate bargaining unit.
11The Registrar will destroy the ballots cast in the representation vote taken in this matter 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 such 30 day period.
12The matter is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
13The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
"Patrick Kelly"
for the Board