1002-01-R Tony Conte, Dusan Postic, Robert Evans, on their own behalf and on behalf of a group of employees of William Osler Health Centre at their three locations in Ontario, namely, Brampton, Etobicoke and Georgetown, Applicant v. Canadian Union of Public Employees (Cupe) and its’ Local Union No. 145, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 6, 2001
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on July 3, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and William Osler Health Centre, effective until September 28, 2001. The bargaining unit description in that collective agreement is as follows:
Service – Full Time
all service employees of the William Osler Health Centre, Ontario, save and except professional medical staff, graduate nursing staff, undergraduate nurses, graduate pharmacists, graduate dietitians, student dietitians, paramedical staff, technical personnel, supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for less than twenty-four (24) hours per week, persons employed for school vacation periods, and employees covered by other collective agreement.
Service – Part Time
all service employees of the William Osler Health Centre, Ontario, save and except professional medical staff, graduate nursing staff, undergraduate nurses, graduate pharmacists, graduate dietitians, student dietitians, paramedical staff, technical personnel, supervisors, persons above the rank of supervisor, office and clerical staff, persons regularly employed for 37.5 hours per week, persons employed for school vacation periods, and employees covered by other collective agreement.
Clarity Note – For purposes of clarity paramedical staff and technical personnel include the following: Unregistered ECG technician, laboratory assistant/technician, pharmacy technician, registered ECG Technician, non-registered x-ray technologist, non-registered EEG technician, medical laboratory technologists, registered EEG technicians, chiropodist, registered X-Ray technologists, registered nuclear medicine technologists, registered respiratory therapists, registered ultrasound technologists, medical social workers, crisis intervention worker, dietitian, psychometrists, physiotherapists, occupational therapists, speech pathologists, licensed pharmacists, echocardiography technologists, and audiologists, ophthalmology assistant, pathology assistant, child life workers, recreation therapists, vestibular technician, child life specialists, behavioural therapists, infant development workers, Leader 1-group therapy, case manager, discharge planner, day treatment therapists, and morgue attendant.
The Board notes that the responding party agrees that this application is timely.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The responding party asserts that the application should be dismissed without a vote under section 63(16) of the Act. Having reviewed the allegations in this regard, the Board has determined to hold a representation vote and that the ballot box should not be sealed. These allegations as well as any other outstanding issues may be dealt with at a hearing after the vote.
The Board directs that a representation vote be taken of the employees of William Osler Health Centre employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on July 3, 2001, the application filing date, will be eligible to vote.
The vote will be held on July 10, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with William Osler Health Centre.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board