Hamilton Health Sciences Corporation v. Canadian Union of Public Employees, Local 794, 2001 CanLII 15246

Hamilton Health Sciences Corporation v. Canadian Union of Public Employees, Local 794

File No.: 0053-00-PS Date: May 24, 2001

Applicant: Hamilton Health Sciences Corporation Responding Parties: Canadian Union of Public Employees, Local 794; Canadian Union of Public Employees, Local 839; International Union of Operating Engineers, Local 772; Ontario Nurses’ Association, Local 70; Ontario Nurses’ Association, Local 235; Ontario Public Service Employees Union, Local 206 and Ontario Public Service Employees Union, Local 273

Before: M. A. Nairn, Vice-Chair.

DECISION OF THE BOARD

1This is an application brought pursuant to the terms of the Public Sector Labour Relations Transition Act, 1997 (the “PSLRT”). Previous decisions have been issued by the Board in this matter on April 25, 2000, May 25, 2000, June 14, 2000, September 13, 2000, December 27, 2000, January 30, 2001, March 29, 2001, April 19, 2001 and May 15, 2001.

2Run-off representation votes have been held in:

1. The “trades” bargaining unit

all employees of the Hamilton Health Sciences Corporation employed in a trade or maintenance capacity save and except supervisors and persons above the rank of supervisor.

For purposes of clarity, the following positions are included in the bargaining unit:

Filter Man, Maintenance Man III, Maintenance Man II, Maintenance Man I, Stationary Engineer IV, Stationary Engineer III, Stationary Engineer II, General Helper/Maintenance Man III, Carpet Layer, Building Service Operator, Painter, Carpenter, Plumber, Controls Mechanic, Electrician, Millwright, Refrigeration Mechanic, Instrumentation Controls, Mechanic, Building Trades, Bricklayer, Plasterer, Mechanical Maintenance, Operating Engineer Third Class, Operating Engineer Second Class, Operating Engineer First Class, Heating Ventilation Instrumentation, Electronic Technician, Control and Instrumentation Technician, Mechanic III, Mechanic II, Incinerator Operator, General Helper – Engineer, Upholsterer.

2. The “technical” bargaining unit

all employees of Hamilton Health Sciences Corporation employed in a Technologist or Technician capacity in its Biomedical Engineering Department, Medical Laboratories, Diagnostic Imaging Department, MDU Department, and Nuclear Medicine Department, save and except supervisors, persons above the rank of supervisor, and professional medical staff.

For purposes of clarity, the following positions are included in the bargaining unit: Perfusionist, Quality Assurance Technician, Respiratory Technologist, and Respiratory Therapist.

3The “office and service” bargaining unit

all employees of Hamilton Health Sciences Corporation employed in an office, clerical, or service capacity save and except supervisors, persons above the rank of supervisor, professional medical staff, registered and graduate nurses, Technologists/Technicians, Trades and Maintenance, health professionals other than Registered Practical Nurses, and persons employed in human resources.

For purposes of clarity, in the event any positions currently included in the bargaining unit become subject to the Regulated Health Professionals Act, such positions will continue to remain in the bargaining unit.

3. On the taking of the representation vote in the “trades” bargaining unit a majority of votes was cast in favour of the Canadian Union of Public Employees.

4Accordingly, under subsection 23(9) of the PSLRTA any bargaining rights held by the International Union of Operating Engineers, Local 772 in respect of employees who are now in the “trades” bargaining unit are hereby terminated.

5The Board appoints the Canadian Union of Public Employees as the bargaining agent in respect of the “trades” bargaining unit described above.

6On the taking of the representation vote in the “technical” bargaining unit a majority of votes was cast in favour of the Ontario Public Service Employees Union.

7Accordingly, under subsection 23(9) of the PSLRTA any bargaining rights held by the Canadian Union of Public Employees, Locals 794 and 839 in respect of employees who are now in the “technical” bargaining unit are hereby terminated.

8The Board appoints the Ontario Public Service Employees Union as the bargaining agent in respect of the “technical” bargaining unit described above.

9On the taking of the representation vote in the “office and service” bargaining unit a majority of votes was cast in favour of the Canadian Union of Public Employees.

10Accordingly, under subsection 23(9) of the PSLRTA any bargaining rights held by the International Union of Operating Engineers, Local 772 in respect of employees who are now in the “office and service” bargaining unit are hereby terminated.

11The Board appoints the Canadian Union of Public Employees as the bargaining agent in respect of the “office and service” bargaining unit described above.

12There was no issue as to bargaining agent in respect of the merged “nurses” bargaining unit. The Board appoints the Ontario Nurses Association as the bargaining agent for the bargaining unit described as:

The Hamilton Health Sciences Corporation recognizes the Association as the exclusive bargaining agent of all registered and graduate nurses engaged in a nursing capacity, save and except any of the following:

-those persons exercising managerial functions,

-those positions employed in a confidential capacity in matters relating to labour relations,

-assistant unit managers, unit managers, focus managers, clinical managers, program directors and persons above these ranks,

-clinical specialists/clinical nurse specialists, clinical nurse specialist/neonatal practitioners, and employee health nurses,

-those positions that had been, as of September 1, 1997, excluded from the bargaining unit.

13The applicant employer is hereby directed to post copies of this decision where it is most likely to come to the attention of employees affected. These copies must remain posted for 30 days.

14The Registrar will destroy the ballots cast in these votes following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots not be destroyed is received by the Board from one of the parties before the expiration of the 30-day period.

“M. A. Nairn”

for the Board