Grey Bruce Health Services v. Cara Operations Limited, 2001 CanLII 5358

Grey Bruce Health Services v. Cara Operations Limited

File No.: 0422-01-R Date: August 21, 2001 Ontario Labour Relations Board

Between: Grey Bruce Health Services, Applicant v. Cara Operations Limited, Ontario Public Service Employees Union (OPSEU), Service Employees International Union, Local 220 (SEIU), Responding Parties.

Before: Anthony Brown, Vice-Chair.

DECISION OF THE BOARD

1This is an application pursuant to section 69 of the Labour Relations Act, 1995 ("the Act").

2The applicant, Grey Bruce Health Services is a corporation formed as a result of the amalgamation of Bruce Peninsula Health Services, Centre Grey Hospital, Saugeen Memorial Hospital, Meaford Hospital and Grey Bruce Regional Health Centre. It was incorporated on April 1, 1998.

3On February 1, 2001, the applicant served notice on Cara Operations Limited terminating an agreement to manage dietary services in 90 days. As a result, the applicant became the employer of the employees of Cara Operations Limited, represented by Service Employees International Union Local 220 (SEIU).

4The parties are agreed that there has been a sale of a business and an intermingling of employees. They are also agreed that the appropriate bargaining unit is the service unit covering service employees at all sites of the applicant Hospital.

5The Ontario Public Service Employees Union (OPSEU) is the bargaining agent for the service employees of the applicant, in the following bargaining unit:

All employees of Grey Bruce Health Services, save and except supervisors, persons above the rank of supervisor, professional medical staff, registered and graduate nurses, and office and clerical employees.

6SEIU Local 220 has indicated that it does not assert bargaining rights in this matter. The parties therefore agree that it is not necessary to hold a representation vote.

7Having regard to the agreement of the parties as reflected in their pleadings and correspondence, the Board makes the following declarations and orders:

1. There has been a sale of business within the meaning of the Labour Relations Act, 1995 from Cara Operations Limited to Grey Bruce Health Services.
2. Intermingling of employees has occurred.
3. The appropriate bargaining unit is: All employees of Grey Bruce Health Services, save and except supervisors, persons above the rank of supervisor, professional medical staff, registered and graduate nurses, and office and clerical employees.
4. The Ontario Public Service Employees Union is the exclusive bargaining agent of the employees in the said bargaining unit.
5. Grey Bruce Health Services is not bound by the collective agreement between the predecessor Cara Operations Limited and SEIU Local 220.

8The parties also address the issue of seniority for the former Cara Operations employees. OPSEU indicates that the seniority of those employees will be recognized as seniority with the applicant Hospital, "to be calculated using the same rules as are currently in place for all other employees in the unit." The applicant and SEIU Local 220 both indicate that seniority within the unit should be dovetailed.

9The Board does not have jurisdiction under section 69 to make an order in respect of seniority. The Board may have jurisdiction under the Public Sector Labour Relations Transition Act, 1997 (PSLRT) because the factual circumstances appear to come within section 12. Subsection 36(3) of the PSLRT entitles certain parties to request an order determining the method to be used to determine seniority. However, I am not satisfied that the Board can make an order under section 36 in the absence of a valid application under PSLRT.

"Anthony Brown"

for the Board