3012-00-PS Service Employees International Union, Local 220, Applicant v. North Wellington Health Care Corporation, Ontario Public Service Employees Union and Ontario Nurses’ Association, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; December 19, 2001
This is an application filed under the provision of the Public Sector Labour Relations Transition Act, 1997 (the “Act”).
The parties entered into Minutes of Settlement in resolution of this matter dated December 12, 2001 which provide as follows:
OLRB File No. 3012-00-PS
IN THE MATTER OF THE LABOUR RELATIONS ACT
BETWEEN:
Service Employees International Union, Local 220
Applicant
- and -
Louise Marshall Hospital, Palmerston and District Hospital, Ontario Public Service Employees Union on behalf of its Local 226 and Ontario Nurses’ Association
Responding Parties
MINUTES OF SETTLEMENT
The Employer’s name is amended to read North Wellington Health Care Corporation.
The Employer has previously executed an agreement with Ontario Nurses’ Association under subsection 20(2) of the Public Sector Labour Relations Transition Act, 1997 (the “PSLRTA”) to resolve all outstanding issues. A copy of that agreement is attached as Appendix “A” hereto.
The Board declares that the PSLRTA applies to the current operation of North Wellington Health Care Corporation at its various sites.
The Board declares that for the purposes of the PSLRTA, predecessor employers are Louise Marshall Hospital and Palmerston and District Hospital.
These Minutes of Settlement resolve the matters between North Wellington Health Care Corporation and Service Employees International Union and Ontario Public Service Employees Union and its Local 226 as a result of Service Employees International Union filing an application under the PSLRTA.
The changeover date under the PSLRTA is September 1, 2001.
Pursuant to section 22 of the PLSRTA, the following bargaining unit descriptions are appropriate:
Unit #1
all employees employed by North Wellington Health Care Corporation in the Town of Palmerston and the Town of Mount Forest, save and except supervisors, persons above the rank of supervisor, secretary to the Administrator, professional medical staff, registered and graduate nurses and paramedical employees.
Unit #2
all paramedical employees employed by North Wellington Health Care Corporation in the Town of Palmerston and the Town of Mount Forest, save and except supervisors and persons above the rank of supervisor.
Clarity Note: The paramedical unit does not include the classifications physiotherapist, speech pathologist and occupational therapist.
The parties agree that Connie Barber is excluded from bargaining unit #1 as a person employed in a managerial capacity.
More than forty per cent (40%) of the employees in bargaining unit #2 were not represented by a bargaining agent immediately before the changeover date.
A representation vote shall be held on January 24, 2002 between Ontario Public Service Employees Union and Service Employees Union with respect to unit #1.
A representation vote shall be held on January 24, 2002 with respect to unit #2 involving Service Employees International Union and a no union option.
Voters’ lists for units #1 and #2 will be delivered to the Board on or before January 14, 2001.
December 12, 2001 North Wellington Health Care Corporation
Per: “illegible signature” .
Service Employees International Union
Per: “illegible signature” .
Ontario Public Service Employees Union
Per: “illegible signature” .
IN THE MATTER OF the Public Sector Labour Relations Transition Act, 1997
B E T W E E N :
LOUISE MARSHALL HOSPITAL and
PALMERSTON AND DISTRICT HOSPITAL
Employers
ONTARIO NURSES’ ASSOCIATION
Union
AGREEMENT
WHEREAS the Ontario Nurses’ Association (“ONA”) currently is the bargaining agent for bargaining units of full-time and part-time Registered Nurses at Louise Marshall Hospital (“LMH”) and for a bargaining unit of full- and part-time Registered Nurses at Palmerston and District Hospital (“PDH”).
AND WHEREAS LMH and PDH are in the process of amalgamating.
AND WHEREAS the amalgamated entity will be named North Wellington Health Care Corporation.
AND WHEREAS ONA, LMH AND PDH wish to change the number and description of the bargaining units pursuant to 20(2) of the Public Sector Labour Relations Transition Act, 1997 (the “PSLRTA”) for which ONA holds bargaining rights.
FOR AND IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows:
Effective upon the date of the amalgamation herein, the parties agree to substitute for the previously existing bargaining units, the bargaining unit set out in paragraph 2 herein.
Effective upon the date of the amalgamation herein, LMH and PDH, as predecessor employers, agree to cause North Wellington Health Care Corporation, as successor employer, to recognize ONA as the exclusive bargaining agent for a bargaining unit described as follows:
All Registered and Graduate nurses employed in a nursing capacity by North Wellington Health Care Corporation, save and except Patient Care Co-Ordinators and Head Nurses and persons above the rank of Patient Care Co-Ordinator and Head Nurse.
Date: April 20, 2001
LOUISE MARSHALL HOSPITAL ONTARIO NURSES ASSOCIATION
Per: Per:
“illegible signature” “Donna Alexander” LRO
“Jean Locking” RN
PALMERSTON AND DISTRICT
HOSPITAL “illegible signature”
Per:
“illegible signature”
Having regard to the Minutes of Settlement, the employer’s name is hereby amended to read “North Wellington Health Care Corporation” (hereinafter referred to as the “employer”).
Further, having regard to their Minutes of Settlement the Board hereby:
a) declares that the Act applies to the current operation of North Wellington Health Care Corporation at its various sites;
b) declares that for the purposes of the Act, the predecessor employers are Louise Marshall Hospital and Palmerston and District Hospital;
c) declares the Ontario Nurses’ Association to be the collective bargaining agent of the following bargaining unit:
all Registered and Graduate nurses employed in a nursing capacity by North Wellington Health Care Corporation, save and except Patient Care Co-Ordinators and Head Nurses and persons above the rank of Patient Care Co-Ordinator and Head Nurse.
d) directs that a representation vote be taken of the individuals in the following voting constituency:
all employees employed by North Wellington Health Care Corporation in the Town of Palmerston and the Town of Mount Forest, save and except supervisors, persons above the rank of supervisor, secretary to the Administrator, professional medical staff, registered and graduate nurses and paramedical employees.
e) directs that a representation vote be taken of the individuals in the following voting constituency.
all paramedical employees employed by North Wellington Health Care Corporation in the Town of Palmerston and the Town of Mount Forest, save and except supervisors and persons above the rank of supervisor.
Clarity Note: The paramedical unit does not include the classifications physiotherapist, speech pathologist and occupational therapist.
f) Both representation votes will be held on Jan 24, 2002. Other vote arrangements will be determined by the Registrar with regard to the vote arrangements agreed to by the parties. These arrangements are as set out in the attached “Notice of Vote”.
g) in respect of the vote to be held pursuant to 4(d) above, voters will be asked to indicate whether they wish to be represented by the Ontario Public Service Employees Union or Service Employees International Union in their employment relations with the employer.
h) in respect of the vote to be held pursuant to 4(e) above, voters will be asked to indicate whether or not they wish to be represented by the Service Employees International Union in their employment relations with the employer.
A list of eligible voters shall be posted prior to the vote.
The employer is directed to post copies of this decision and of the “Notice of Vote” immediately where they are likely to come to the attention of affected employees. They shall remain posted for a period ending 10 days after the vote is conducted.
Any party or person who wishes to make representations to the Board about any issue relating to the conduct or the outcome of the vote must file a detailed statement of representations and the material facts upon which the rely with the board, and deliver it to all other parties, so that it is received within five (5) days (excluding Saturdays, Sundays and Board holidays) of the date on which the vote is taken.
This matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board