2115-01-JD Ontario Nurses’ Association, Applicant v. Regional Municipality of Niagara and Canadian Union of Public Employees, Local 1757, Responding Parties.
BEFORE: Kevin Whitaker, Chair.
DECISION OF THE BOARD; November 26, 2001
This is an application for a direction concerning a work assignment pursuant to section 99 of the Labour Relations Act. The work assignment occurs within the Public Health Department of the respondent Regional Municipality of Niagara.
The applicant seeks an interim order that the person subject to the work assignment be placed in the applicant’s bargaining unit. The grounds in support of the interim order are set out in Schedule “K” of the application. Essentially, the applicant argues that the person subject to the work assignment is suffering a financial loss, is working under a probationary period, and that the respondent employer has acted in bad faith.
The two respondents oppose the request for interim relief on the basis that the matter can be heard expeditiously and that any loss suffered by the affected employee may be addressed in damages.
Having reviewed the materials filed, the request for interim relief is dismissed. This matter is referred to the Registrar to be scheduled as a consultation.
“Kevin Whitaker”
for the Board