Service Employees International Union Local 204 v. Cambridge Memorial Hospital
File No.: 1652-01-U Date: September 13, 2001
Service Employees International Union Local 204, Applicant v. Cambridge Memorial Hospital, Responding Party.
Before: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, as amended ("the Act") alleging violations of sections 70, 72(c), and 76 of the Act. The applicant alleges: that it represents certain employees of the responding party ("the Hospital"); that the collective agreements to which the applicant and the Hospital are parties are now within the statutory "open period" until October 10 or 12, 2001; that another trade union is seeking during the open period to organize employees whom the applicant currently represents; and that the Hospital has recently engaged in conduct which prevents the applicant from access to the employees it represents, access which the applicant contends was never previously restricted by the Hospital.
2The applicant seeks interim relief, including a cease and desist order and an order directing that the applicant have reasonable access to the Hospital's premises pending the outcome of the application. The applicant also requests that the application be heard on an expedited basis because the issues are time sensitive and will become moot on or after October 10 or October 12, 2001.
3The Board is of the view that, due to the potential that the issues may indeed become moot in the foreseeable future, this application should be heard on an expedited basis. However, the Board declines to grant the interim relief of the kind requested by the applicant. The applicant cited no authority for the granting of such relief, which appears to be of a substantive nature. In any event, the expedition of the hearing in this matter will provide an early opportunity to address the issue of appropriate remedies, if any.
4The hearing in this matter will take place on Thursday, September 20, 2001 commencing at 9:30 a.m. in the "Board Room", 2nd Floor, 505 University Avenue, Toronto, Ontario. The Hospital's response must be filed and delivered by no later than 4:30 p.m. on September 19, 2001.
5The Board directs the Field Services Manager to assign a Labour Relations Officer to consult with the parties prior to the scheduled hearing.
6This matter is referred to the Registrar.
"Patrick Kelly"
for the Board