Ontario Nurses’ Association v. Finlandia Nursing Home Limited
2126-01-R Ontario Nurses’ Association, Applicant v. Finlandia Nursing Home Limited, Responding Party.
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 22, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: “Finlandia Nursing Home Limited”.
2One matter remained in dispute between the parties following the taking of a representation vote. It concerned whether Diane Elvrum, the Director of Restorative Care, fell within the agreed bargaining unit. The parties have now resolved that issue. The position falls within the bargaining unit. Ms. Elvrum’s ballot was segregated and not counted. Given the vote result it is not necessary that her sealed ballot be opened. Her vote will not be counted.
3Having regard to the agreement of the parties, the Board further finds that:
all registered practical nurses employed in a nursing capacity within the scope of the College of Nurses of Ontario by Finlandia Hoivakoti Nursing Home (Finlandia Nursing Home Limited) in the City of Greater Sudbury, save and except supervisors excluded pursuant to section 1(3)b of the Labour Relations Act, persons above that rank, and employees included in other bargaining units as of October 31, 2001,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
5A certificate will issue to the applicant.
6The 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.
7Meeting and hearing dates set previously are hereby cancelled.
8The 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 until the date that had been set for the hearing.
“Christopher J. Albertyn”
for the Board