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: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 18, 2001
1In correspondence dated December 3, 2001, counsel for Ontario Public Service Employees Union (“OPSEU”) advises the Board that, pursuant to the Board’s July 6, 2001 decision in which it declared OPSEU to be the bargaining agent for certain employees of Health Trust Pre Hospital Service Inc. (“Health Trust”) following a sale of business from The Royal Victoria Hospital of Barrie and the Stevenson Memorial Hospital to Health Trust, OPSEU has attempted to file grievances under its collective agreement. OPSEU claims that Health Trust refuses to recognize the applicability of that collective agreement. Accordingly, counsel for OPSEU requests that the Board schedule an urgent hearing to deal with this dispute. Counsel’s letter and accompanying materials were not copied to SEIU. For reasons which follow, a copy of counsel’s letter and accompanying materials is attached to this decision.
2The Board notes that in Minutes of Settlement dated April 25, 2001, Health Trust and all other signatories acknowledged that Health Trust was bound to the collective agreement between OPSEU and Stevenson Memorial Hospital (“the OPSEU collective agreement”), and to the collective agreement between the Service Employees International Union Local 204 (“SEIU”) and The Royal Victoria Hospital of Barrie (“the SEIU collective agreement”), as a result of the Board’s decision of April 4, 2001 in which it declared that the sale of business, as outlined in paragraph 1 of this decision, had occurred.
3The Board’s decision of July 6, 2001 made clear that OPSEU prevailed over SEIU in the run-off representation vote that was contemplated by the minutes of settlement of April 25, 2001, and as such, OPSEU was declared the bargaining agent. On April 4, 2001, the Board found that Health Trust was bound to the OPSEU collective agreement and the SEIU collective agreement as well. The Board would normally be inclined to declare that from July 6, 2001 onwards Health Trust is bound by the OPSEU collective agreement, and no longer bound by the SEIU collective agreement.
4Before any decision is made whether to schedule a hearing or make the declarations contemplated in paragraph 3 above, the Board directs Health Trust to file written submissions which must outline whether or not Health Trust takes the position that it is not bound to the OPSEU collective agreement. If it is taking the position it is not so bound, it must explain why that is so, given subsection 69(2) and 69(6)(a) of the Labour Relations Act, 1995, as amended and particularly the Board’s decisions of April 4, 2001 and July 6, 2001. Those written submissions are to be provided to the Board, OPSEU and SEIU on or before December 21, 2001. To the extent SEIU wishes to make any representations concerning the dispute described by OPSEU, or in response to this decision, it too must file and deliver its representations on or before December 21, 2001.
5Following receipt of the submissions herein directed, the Board will give further consideration to OPSEU’s request to schedule a hearing, or may issue the declarations described in paragraph 3 of this decision.
“Patrick Kelly”
for the Board