0238-01-R Brant Community Healthcare System, Applicant v. Ontario Public Service Employees Union and St. Joseph’s Hospital, Brantford, Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; July 10, 2001
This is an application under section 69 and/or subsection 1(4) of the Labour Relations Act, 1995 (the “Act”).
The parties have entered into a Memorandum of Settlement dated June 27, 2001, and a Memorandum of Agreement dated June 27, 2001, which read as follows:
MEMORANDUM OF SETTLEMENT
BETWEEN
BRANT COMMUNITY HEALTHCARE SYSTEM
(the “Hospital”)
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (OPSEU)
(the “Union”)
WHEREAS the Hospital filed an Application (Board File No. 0238-01-R) under Section 69 of the Act asserting certain facts and requesting an Order from the Board to terminate the bargaining rigts of the like appropriate bargaining unit in respect of the Hospital retroactively to the date of the sale (i.e., transfer of bargaining rights pursuant to Section 69 of the Act).
AND WHEREAS the Union in its Response has requested the Ontario Labour Relations Board (“OLRB”) to exercise its discretion to declare that Bill 136 applies to the transaction/sale and to order a vote;
AND WHEREAS the Hospital and the Union wish to fully and finally settle all issues arising out of or related to the Application and the Response thereto;
The Hospital and the Union agree and say as follows:
The Union irrevocably withdraws its request to the OLRB for a declaration that Bill 136 applies to the transaction without prejudice to any position it may take in any other proceeding before the OLRB not involving this Hospital.
The parties agree that:
i) There was a sale of all or part of a business from St. Joseph’s Hospital Brantford to the Hospital on or before March 31, 2001 at which time the Hospital became a successor employer within the meaning of s.69 of the Act.
ii) The employees and sold businesses of St. Joseph’s Hospital and the Hospital have been intermingled for the purposes of s.69(6) of the Act.
iii) The appropriate bargaining unit of the successor hospital for the purposes of s.69(6)(b) of the Act is the bargaining unit that mirrors that which existed in respect of paramedical employees of St. Joseph’s Hospital, Brantford.
iv) There exists a large disparity amongst the union and non-union employees within the appropriate bargaining unit at the Hospital who have been intermingled. In particular, only 7% of the intermingled employees are OPSEU members from the predecessor Hospital.
- The Hospital and the Union agree and agree to jointly request the OLRB to find and order than in view of the agreements reached herein and upon review of the pleadings filed, that all or part of a business was sold by St. Joseph’s Hospital, Brantford to the Hospital (namely a business which would otherwise be staffed in whole or in part by a traditional “paramedical unit”), that the predecessor and successor’s “paramedical unit” type employees have been intermingled, that the appropriate bargaining unit is that which is described in the St. Joseph’s Hospital/OPSEU collective agreement, and that insofar as there exists a large disparity amongst union and non-union paramedical employees that would otherwise fall into the appropriate bargaining unit, that the OLRB declare that OPSEU is no longer the bargaining agent for any of the Hospital’s employees and that the applicable collective agreement no longer binds the Hospital with such declaration being retroactive to the completion date of the sale of March 31, 2001. In the event that the OLRB does not make the requested declaration and order this agreement is null and void.
Dated this 27 day of June, 2001.
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For the Union For the Hospital
MEMORANDUM OF AGREEMENT
BETWEEN
BRANT COMMUNITY HEALTHCARE SYSTEM
(the “Hospital”)
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (OPSEU)
(the “Union”)
The parties agree that upon the OLRB issuing a declaration that the Union is no longer the bargaining agent for any of the Hospital’s employees and that the applicable collective agreement no longer binds the Hospital retroactive to March 31, 2001, the following shall occur:
- The employees listed in Appendix “A” attached hereto shall be eligible for one of the following:
(a) Those employees who as of the date of this agreement are not at the maximum step of the BCHS non-union wage grid shall be moved one step up on the grid, or
(b) Those employees who as at the date of this agreement are at the maximum step of the BCHS non-union wage grid shall receive an additional week’s vacation entitlement for the 2001/2002 vacation year which in the case of full-time employees shall be scheduled at a date agreed upon by the employee and his/her supervisor and in the case of part-time employees shall be paid out within 2 weeks of the date of the OLRB declaration referred to above.
- BCHS confirms that in accordance with Article 7.08 of the Framework Agreement – Human Resources Adjustment plan dated November 12, 1998 seniority and service accumulated while employed at St. Joseph’s Hospital has been recognized.
Dated at Hamilton, Ont. This 27th day of June 2001.
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For the Hospital For the Union
“APPENDIX A”
Smith, Krystyna
Zanon, Karolina
Hunks, Robert
Reyes, Jocelyn
Imola, Keili
McQuinn, Patricia
Whiteley-Lamb, Jill
Bradfield, Corrie
Moese, Katie
- Having regard to the agreement of the parties and pursuant to section 69 of the Act, the Board makes the following determinations:
a) there was a sale of all or part of a business from St. Joseph’s Hospital Brantford to the Brant Community Healthcare System (“Hospital”) on or before March 31, 2001 at which time the Hospital became a successor employer within the meaning of section 69 of the Act;
b) there has been an intermingling within the meaning of section 69(6) of the Act;
c) the appropriate bargaining unit of the successor hospital for the purposes of section 69(6) of the Act is the bargaining unit that mirrors that which existed in respect of paramedical employees of St. Joseph’s Hospital, Brantford. The appropriate bargaining unit is therefore that which is described in the St. Joseph’s Hospital/OPSEU Collective Agreement;
c) insofar as there exists a large disparity amongst union and non-union employees that would otherwise fall into the appropriate bargaining unit, the Board declares that OPSEU is no longer the bargaining agent for any of those Hospital employees effective March 31, 2001 and that the applicable collective agreement no longer binds the Hospital effective March 31, 2001, the completion date of the sale.
“Caroline Rowan”
for the Board