Canadian Union of Public Employees, Local 238 v. MICS Group of Health Services
1236-01-PS Canadian Union of Public Employees, Local 238 and Canadian Union of Public Employees, Local 2558, Applicant v. MICS Group of Health Services; Anson General Hospital; Bingham Memorial Hospital; Lady Minto Hospital; Ontario Public Service Employees’ Union; Service Employees’ International Union, Local 204 and Ontario Nurses’ Association, Responding Parties.
BEFORE: Timothy W. Sargeant, Vice‑Chair.
DECISION OF THE BOARD; September 28, 2001
Decision
1This is an application under the Public Sector Labour Relations Transition Act, 1997 (the “Act”).
2Pursuant to the Board's direction of August 27, 2001 the Officer has reported to the Board that issues remain in dispute between the parties.
3Accordingly, the Board hereby directs that Rules 26(d) and 30(d) of the Board's Rules of Procedure apply and directs each party to deliver one copy of the following materials to the other parties and file two copies of the following materials with the Board:
(i) a brief setting out a statement of the issues in dispute and the facts upon which it intends to rely; and
(ii) a copy of all documents upon which it intends to rely.
At the time of filing, each party must verify that it has delivered its materials as required by the Board's Interim Rules under the Public Sector Labour Relations Transition Act, 1997. The applicant's materials must be delivered and filed no later than five days following the date of this decision. The responding parties' materials must be delivered and filed no later than ten days following the date of this decision.
4The Board directs that this matter be scheduled for consultation on November 21, 2001 and November 22, 2001. The consultation will be held at the Board's offices located on the 2nd floor, 505 University Avenue, Toronto, Ontario commencing at 9:30 a.m. A consultation is not a hearing. While all consultations are not conducted in an identical manner, as a general matter the giving of evidence and the cross-examination of witnesses are not normally part of a consultation and, when they are, it is only with respect to those matters that are defined by the Board. The purpose of the consultation is to hear the representations of the parties with respect to all matters relating to this application which have not been settled. At the conclusion of the consultation, the Board may render a final decision with respect to the issues in dispute. If a party does not attend the consultation, the Board may decide the application without further notice to it and without considering any document that party may have filed.
5The employer is hereby directed to post copies of this decision adjacent to the Board's decision of August 27, 2001. These copies must remain posted until November 21, 2001 and November 22, 2001.
“Timothy W. Sargeant”
for the Board