Kenora District Services Board v. Canadian Union of Public Employees and its Local 822 et al.
File No.: 3448-00-R Date: May 28, 2001
Applicant: Kenora District Services Board Responding Parties: Canadian Union of Public Employees and its Local 822, Canadian Union of Public Employees and its Local 1758, Canadian Union of Public Employees and its Local 4373 (“CUPE and its Locals 822, 1758, 4373”) and Office and Professional Employees International Union and its Local 521 (“OPEIU, Local 521”)
Before: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
Decision of the Board
1Having regard to the agreement of the parties, to the results of the representation vote held on April 10, 2001 pursuant to the Board’s direction dated March 21, 2001, and pursuant to section 69 of the Labour Relations Act, 1995 (the “Act”), the Board makes the following determinations and observations:
a) the Board declares that there has been a sale of business from the Lake of the Woods District Hospital, Red Lake Margaret Cochenour Memorial Hospital, Sioux Lookout District Health Centre and Dryden Regional Health Centre to the Kenora District Services Board effective January 1, 2001;
b) the Board further finds that:
all employees of Kenora District Services Board, save and except supervisors and persons above the rank of supervisors and executive secretary,
constitutes the appropriate bargaining unit of employees of the applicant;
c) the Board declares that the terms of the Memorandum of Settlement between the parties shall govern with respect to determining the successful bargaining agent for the employees employed by the Kenora District Services Board in the bargaining unit referred to above, and with respect to any additional terms as stated in the Agreement.
2The 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.
3Meeting and hearing dates set previously are hereby cancelled.
4The 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 for thirty (30) days.
“Caroline Rowan”
for the Board