The Scarborough Hospital v. Ontario Nurses’ Association, Local 111
1675-99-PS The Scarborough Hospital, Applicant v. Ontario Nurses’ Association, Local 111, Ontario Public Service Employees’ Union, Locals 581 and 575, and Canadian Union of Public Employees, Locals 1487 and 3517, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
APPEARANCES: Brian Mulroney for the applicant; Maureen Doyle, Connie Huziak, Bev Shuler, Rose Dawkins and Tina O’neill for the responding parties.
DECISION OF THE BOARD; November 8, 2000
This is an application under section 22 of the Public Sector Labour Relations Transition Act, 1997 (“the Act”).
These issues remained in the application: whether formerly classified Health Records Administrators and Health Care Records Technicians should be excluded from the bargaining unit in respect of which the Ontario Public Service Employees’ Union (“OPSEU”) claimed bargaining rights; the description of that bargaining unit; and whether OPSEU is entitled to be declared the bargaining agent of that unit.
Having considered the parties’ representations and submissions I make the following determinations, declarations and orders, and I issue the following directions:
a) A new classification - Health Information Professional - will replace the former classifications: Health Records Administrator and Health Care Records Technician.
b) Health Information Professionals are excluded from the bargaining unit (described below) on grounds of a lack of community of interest. Health Information Professionals have a community of interest with paramedical employees, who are currently unrepresented.
c) The appropriate bargaining unit description (“the bargaining unit”) for the office and clerical bargaining unit is as follows:
all office and clerical employees of the Scarborough Hospital in Scarborough, Ontario, save and except supervisors and those above such rank, Secretary Human Resources, Benefits Clerk Human Resources, Clerk Typist Human Resources, Health Information Professional, Data Quality Specialist, Administrative Assistants II and III/Administrative Secretaries, Lifeline Assistant, Library Technician, Data Analyst, Volunteer Services Assistant and Executive Assistant, students employed during the school vacation period and employees covered by subsisting labour agreements.
d) By virtue of the provisions of subsection 23(11) of the Act, it is not necessary that a representation vote take place in respect of the bargaining unit.
e) OPSEU is declared to be the bargaining agent for the bargaining unit.
f) The applicant employer shall post copies of this decision where it is most likely to come to the attention of all employees who may be affected by it. The copies are to remain posted for a period of 30 days.
- As this matter is now complete the hearings scheduled for November 9, 2000 and January 9, 10 and 11, 2001 are hereby cancelled.
“Christopher J. Albertyn”
for the Board