Ontario Labour Relations Board
2488-00-R Ontario Public Service Employees Union, Applicant v. Health Trust Pre Hospital Services Inc.; The Royal Victoria Hospital of Barrie; The Stevenson Memorial Hospital; and The Service Employees International Union, Local 204, Responding Parties.
3172-00-R Service Employees International Union, Local 204, Applicant v. Health Trust Pre-Hospital Services Inc., Responding Party v. Ontario Public Service Employees Union, Intervenor.
3176-00-U Service Employees International Union, Local 204, Applicant v. Health Trust Pre Hospital Services Inc., Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
- The applicants and Health Trust Pre Hospital Services Inc. in these matters entered into minutes of settlement on April 25, 2001. Those minutes of settlement provide as follows:
In the matter of
Ontario Public Service Employees' Union v. Health Trust Pre Hospital Services Inc; the Royal Victoria Hospital of Barrie; the Stevenson Memorial Hospital; and the Service Employees International Union, Local 204 (OLRB File # 2488-00-R)
and
Services Employees International Union Local 204, Applicants v. Health Trust Pre Hospital Services Inc and Ontario Public Service Employees Union (OLRB File # 3172-00-R)
(OLRB File # 3176-00-U)
Whereas there has been a sale of a business from The Royal Victoria Hospital of Barrie and the Stevenson Memorial Hospital to Health Trust Pre Hospital Services;
And whereas the successor employer Health Trust Pre Hospital Services is, pursuant to the Board's decision of April 4, 2001, bound by the collective agreement between the Ontario Public Service Employees Union and Stevenson Memorial Hospital and by the collective agreement between the Service Employees International Union Local 204 and the Royal Victoria Hospital of Barrie;
Now therefore the parties Ontario Public Service Employees Union, Service Employees International Union Local 204, and Health Trust Pre Hospital Services agree as follows and request that the Board order as follows in paragraphs 1 through 7:
There has been an intermingling within the meaning of section 69(6) of the Labour Relations Act;
There shall be a vote between the Ontario Public Service Employees Union and the Service Employees International Union Local 204 to determine which of these two bargaining agents will represent employees of the successor;
The bargaining unit shall be as follows:
"All paramedic employees of Health Trust Pre Hospital Services, Inc. save and except supervisors and persons above the rank of supervisor"
For clarity, it is understood that "designated supervisors" do not have the authority to hire, fire or discipline and are included in the bargaining unit.
Employees eligible to vote will be those employees in the above-described bargaining unit who were both employed on April 25th, 2001 and are employed on the date of the vote.
The Employer shall provide to both unions and the Board a list of employees complete with addresses not later than close of business Friday, May 4, 2001. The list shall include employees employed as of April 25, 2001.
The vote shall take place on June 12 and 13, 2001. Vote times and locations shall be as set out in Appendix "A", attached.
During the period prior to the vote both union shall have reasonable access to bulletin boards in each work location to post notices of meetings to be held by the unions, if any, and informational material. Both unions shall be permitted to leave literature in the work locations.
The Service Employees International Union Local 204 hereby withdraws its complaint made pursuant to section 96 of the Labour Relations Act dated January 21, 2001 (OLRB File # 3176-00-U)
Signed this 25th day of April, 2001
"E. Ogibowski" E. Ogibowski
For the Ontario Public
Service Employees Union
"Karen Walsh" Karen Walsh
For the Service Employees
International Union Local 204
"JM Price" J. M. Price
For Health Trust Pre Hospital
Services Inc.
Appendix "A"
Polling Location and Times
Tuesday June 12
Location Times
Bradford Industrial Parkway Unit 57 6:45 am – 7:15 am
Alliston 200 Fletcher St (Stevenson Memorial 7:45 am – 8:15 am
Alliston Hospital)
Barrie 76 Ross St. 9:15 am – 10 am
Collingwood 195 Saint Paul St. 11:15 am – Noon
Midland 395 Cranston Cres. 1:30 pm – 2:00 pm
Orillia 820 Memorial Ave. 3:15 pm – 4 pm
Wednesday June 13
Orillia 820 Memorial Ave. 9 am – Noon
Barrie 76 Ross St. 2 pm – 5 pm
Having regard to the minutes of settlement, the Board makes the following orders and directions:
There has been an intermingling within the meaning of section 69(6) of the Labour Relations Act.
There shall be a vote between the Ontario Public Service Employees Union and the Service Employees International Union, Local 204 to determine which of these two bargaining agents will represent employees of the successor.
The bargaining unit shall be as follows:
all paramedic employees of Health Trust Pre Hospital Services, Inc. save and except supervisors and persons above the rank of supervisor
For clarity, it is understood that "designated supervisors" do not have the authority to hire, fire or discipline and are included in the bargaining unit.
Employees eligible to vote will be those employees in the above-described bargaining unit who were both employed on April 25th, 2001 and are employed on the date of the vote.
The employer shall provide to both unions and the Board a list of employees complete with addresses not later than close of business Friday, May 4, 2001. The list shall include employees employed as of April 25, 2001.
The vote shall take place on June 12 and 13, 2001. Vote times and locations shall be as set out in Appendix "A", attached to the minutes of settlement of April 25, 2001.
During the period prior to the vote both unions shall have reasonable access to bulletin boards in each work location to post notices of meetings to be held by the unions, if any, and informational material. Both unions shall be permitted to leave literature in the work locations.
This matter is referred to the Registrar.
"Patrick Kelly"
for the Board