0192-01-R Ontario Public Service Employees Union, Applicant v. St. Joseph’s Health Care, London, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 23, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of St. Joseph’s Health Care, London employed in the medical laboratories, radiology departments, department of nuclear medicine, respiratory departments, electro-encephalograph departments, electro-cardiograph departments, bio-medical engineering departments, dental clinics, eye clinics, and pulmonary departments at Grosvenor, Mount Hope and Parkwood sites, at London, Ontario, as graduate registered therapists, graduate registered technologists, graduate registered technicians, graduate non-registered therapists, graduate non-registered technologists, graduate non-registered technicians, laboratory assistants and dental assistants; save and except managers, assistant managers, and persons above the rank of assistant manager, professional medical staff, physicists, radio-pharmacists, chemists, scientist assistant, laboratory scientists, researcher, flow cytometry specialist, senior scientist, bio chemists and others in positions similar to physicists, radio-pharmacists, chemists, scientist assistant, laboratory scientist, researcher, flow cytometry specialist, senior scientist and bio-chemists, department heads, intravenous therapy nurses, infection control officers, office and clerical staff (including in this exception: Nursing Unit Secretaries, admitting clerks, receptionists, service co-ordinators, safety and security officers, information clerks, mail clerks, cashiers, librarians, and switchboard operators), persons regularly employed for not more than twenty-four (24) hours per week, students employed during the school vacation period, and persons covered by subsisting Collective Agreements between St. Joseph’s Health Care, London and the Ontario Nurses’ Association and CAW-Canada.
Clarity Note: For purposes of clarity the term “Grosvenor Site” includes the operations and services provided by St. Joseph’s Health Care, London at the withdrawal management services, healthcare materials management services, family medical center and H.L.V. care program.
5The vote will be held on April 25, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on April 18, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 18, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7There are numerous differences between the parties concerning the appropriate bargaining unit description. The responding party proposes a bargaining unit described at paragraph 4 above whereas the applicant proposes a unit described as follows:
all employees of St. Joseph’s Health Care, London employed as Registered Technicians/Technologists or Therapists, Unregistered Technicians, Technologists, or Therepists, Graduate Technicians/Technologists or Therapists and Assistants in the Departments of Radiology, Medical Laboratories, Biomedical Engineering, Nuclear Medicine, Respiratory, Electro Encephalography, Electrocardiography, Dental Clinics, Eye Clinics and Pulmonary at Grosvenor, Mount Hope, and Parkwood sites at London, Ontario, save and except Managers and Persons above the rank of Manager, Professional Medical Staff, Office and Clerical Staff, Persons regularly employed for not more than 24 hours per week, Students employed during the school vacation period and Persons covered by subsisting Collective Agreements as of April 18th, 2001.
If any individual is in dispute as a result of these differences, that individual shall be entitled to cast a ballot in the representation vote. Any ballot cast by such an individual will be segregated and not counted until the Board so orders or the parties agree.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
11The matter is referred to the Registrar.
“Caroline Rowan”
for the Board