Ontario Public Service Employees Union v. Health Trust Pre Hospital Services Inc.
2488-00-R Ontario Public Service Employees Union, Applicant v. Health Trust Pre Hospital Services Inc.; The Stevenson Memorial Hospital; The Royal Victoria Hospital of Barrie; 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: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 6, 2001
- By decision dated April 30, 2001, the Board noted that the parties entered into Minutes of Settlement on April 25, 2001. Having regard to the Minutes of Settlement, the Board also made the following orders and directions:
(1) There has been an intermingling within the meaning of section 69(6) of the Labour Relations Act.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
In accordance with the Board's direction, a representation vote took place on June 12 and 13, 2001. On 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 Ontario Public Service Employees Union.
Having regard to the results of the representation vote, to the Minutes of Settlement between the parties and pursuant to section 69(6) of the Labour Relations Act, 1995, the Board declares that the Ontario Public Service Employees Union shall be the bargaining agent for the employees in the unit referred to at paragraph 1(3) above.
Having regard to the Minutes of Settlement, the application in Board File No. 3176-00-U is hereby withdrawn by leave of the Board.
The 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.
The employer 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 for a period of thirty (30) days.
"Caroline Rowan"
for the Board