2578-00-R Service Employees International Union, Local 210, Applicant v. Corporation of the County of Huron and Alexandra Marine and General Hospital, Responding Parties v. Ontario Public Service Employees Union and Canadian Union of Public Employees Local 4175, Intervenors.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; November 29, 2001
- This is an application under section 69 and 1(4) of the Labour Relations Act, 1995 (the “Act”). Prior to the hearing in this matter, the affected parties entered into Minutes of Settlement dated October 25, 2001. These Minutes of Settlement provide as follows:
MINUTES OF SETTLEMENT
Board File No. 2578-00-R
Between:
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL UNION 210 (Hereinafter referred to as “S.E.I.U.”)
and
THE CORPORATION OF THE COUNTY OF HURON (Hereinafter referred to as “the County”)
and
CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 4175 (Hereinafter referred to as “CUPE”)
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (Hereinafter referred to as “OPSEU”)
WHEREAS, as SEIU filed an application under Section 69 of the Act (Board File 2578-00-R); and
WHEREAS, the County’s position was that there was not a “sale of a business”; and
WHEREAS, in the alternative, it was the position of the County that if a representation vote was held there would be a 4 party ballot including a non-union option; and
WHEREAS, OPSEU, CUPE and SEIU came to an understanding in August 2000 asking that the County agree that there would be a “sale of a business” to the County and that a representation vote be held between the three unions; and
WHEREAS, the Board in Perth and Smith Falls (Board File 0102-00-R) determined that a “down loading” of responsibility for ambulance services from the Province to an upper tier municipality constituted a “sale of a business”; and
WHEREAS, the Board in the Corporation of the County of Perth (Board File 2738-00-R) determined that non-union support had to be greater than 40% for there to be a non-union option in a “sale of a business” application.
AND WHEREAS it was the position of CUPE and SEIU that any representation vote be restricted to a vote between their two unions;
AND WHEREAS, the non-union representation support with the five pre-existing ambulance service providers was less than 20%;
AND WHEREAS, the County agreed to a 3-way ballot between the 3 unions on the basis that OPSEU, CUPE and SEIU represented the majority of the County’s paramedics in their employment prior to the County assuming the provision of ambulance services on January 1, 2001; and
WHEREAS, OPSEU’s position was that the August 2000 understanding between the 3 trade unions was legally binding; and
WHEREAS, OPSEU asserted that it represented “paramedical” employees in an existing collective agreement with the Board of Health of the County;
AND WHEREAS, the County and SEIU have resolved Board. File 2583-00-U under a separate agreement; and
WHEREAS, the parties are interested in resolving this matter without the need for unnecessary further litigation the parties agree that the following is a full settlement of the matters in dispute.
It is agreed that there has been a sale of a business from Alexandra Marine and General Hospital, Wingham District Hospital to the County in accordance with section 69 of the Act.
It is agreed that the appropriate bargaining unit is as follows:
All employees of the County of Huron employed as paramedics/ambulance attendants, save and except supervisors and persons above the rank of supervisor.
A vote will take place to decide which trade union will represent the employees in the agreed to bargaining unit, pursuant to section 69(8) of the Act. The ballot in the vote will indicate a choice between CUPE, SEIU and OPSEU.
The Board will appoint a Labour Relations Officer to make the necessary vote arrangements.
All employees will be credited with seniority and service in accordance with their employment history with the five pre-existing ambulance service providers. There will be a dovetailing of seniority.
The County will provide to the three unions the names, addresses and telephone numbers of the employees eligible to vote.
It is understood if OPSEU is the successful trade union, the County will recognize OPSEU as the exclusive bargaining agent for the employees involved. The Board will issue an order terminating the bargaining rights of CUPE and SEIU.
It is further understood if SEIU or CUPE is the successful trade union, the Board will issue an order terminating the bargaining rights of which of those two unions was not successful. The County will have no obligation to recognize OPSEU as the bargaining agent for the employees involved.
The Board will remain seized of any matter that arises between the parties.
The above has been agreed to this 25th day of October 2001.
“J. A. Murray” “Cathy Carroll”
For the County For SEIU
E. Ogibowski” “Brian Sheehan” “Tom Baker”
For OPSEU For CUPE
Having regard to the Minutes of Settlement and pursuant to section 69, the Board makes the following declarations, orders and directions:
there has been a sale of a business from Alexandra Marine and General Hospital, Wingham District Hospital to The Corporation of the County of Huron (the “County”) within the meaning of section 69 of the Act;
the appropriate bargaining unit of the County is as follows:
all employees of the County of Huron employed as paramedics/ambulance attendants, save and except supervisors and persons above the rank of supervisor;
the Board directs that a representation vote be taken pursuant to section 69(8) of the Act to decide which trade union will represent the employees in the bargaining unit set out at paragraph 2 above.
the ballot shall indicate a choice between C.U.P.E., S.E.I.U. and O.P.S.E.U.
the vote will take place on December 12, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached “Notice of Vote”;
the County shall provide the three unions the names, addresses and telephone numbers of the employees eligible to vote.
the County is directed to post copies of this decision where they are most likely to come to the attention of all employees who may be affected by this application. These copies must remain posted for thirty (30) days.
This matter is referred to the Registrar.
“Caroline Rowan”
for the Board