St. Joseph’s Health Centre v. Ontario Nurses’ Association
1508-01-HS; 1509-01-HS St. Joseph’s Health Centre, Applicant v. Ontario Nurses’ Association, Joy Campbell, Canadian Union of Public Employees, Local 1144, Brewery General & Professional Workers Union and Ministry of Labour, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; October 2, 2001
1Board File Number 1508-01-HS is an application filed with the Board for an order suspending an order made by an inspector in accordance with section 61(7) of the Occupational Health and Safety Act, R.S.O. 1990, c.O-1 as amended (the “Act”). Board File Number 1509-01-HS is an appeal of the inspector’s order in this matter.
2The appeal itself concerns one individual employee and her refusal to provide medical information to the employer. The employer contends that it is entitled to more information than the employee has provided and her trade union on her behalf contends that it is not. A grievance has been filed in relation to this matter.
3At this point there are a number of parties to this application being the employee, her trade union, the Ontario Nurse’s Association, Canadian Union of Public Employees, Local 1144 and the Brewery General and Professional Worker’s Union. By letter dated September 21, 2001 the Canadian Union of Public Employees (“CUPE”) requests status in the appeal as its members are also employees of the responding employer. The employer properly named Canadian Union of Public Employees, Local 1144 (“CUPE Local 1144”) in its appeal documentation. CUPE Local 1144 is named in the style of cause and all material from the other parties appears to have been delivered to it as well as correspondence from the Registrar. CUPE has not filed a response to the application for suspension. CUPE is a party to this application and there is no need for an additional Board determination on that issue. CUPE has been properly served with all material and has been a party since the inception of this matter. I shall determine the suspension application without CUPE’s input unless it files its response to the application for suspension within two (2) days of the date of this decision.
4The Registrar should forward a copy of this decision to Ms. Donna Wright, CUPE’s Health and Safety Representative in addition to the existing list of recipients.
for the Board