Ontario Labour Relations Board
2649-00-M Joyce Facey, Applicant v. Ontario Nurses Association, Responding Party Trade Union v. The Scarborough Hospital – Grace Division, Responding Party Employer.
2720-00-M Arlene Guthrie, Applicant v. Ontario Nurses Association, Responding Party Trade Union v. The Scarborough Hospital – Grace Division, Responding Party Employer.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague
DECISION OF THE BOARD; April 27, 2001
1These are applications for religious exemption under section 52 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act'). The applicants allege that they are members of the Seventh-day Adventist Church, and both appear to be registered nurses employed by the same responding party employer (“the employer”). The responding party trade union (“the Association”) is the same in each file. Neither the employer nor the Association contest the applications.
2Both applicants contend that a collective agreement was entered into between the Association and the employer on or about April 26, 2000. They contend further that there was a merger of two hospitals which gave rise to a vote, the results of which was that “Grace Division Registered Nurses became part of the Ontario Nurses Association”. Finally, it is alleged by the applicants that the Association and the employer are currently in negotiations for a (presumably) new collective agreement, and that the applicants are subject to the provisions of the “central collective agreement of the Ontario Nurses Association”. Attached to each application is a document entitled, “LABOUR UNIONS – SEVENTH-DAY ADVENTIST POSITION STATEMENT”, containing a recommendation “[t]hat the Seventh-day Adventist Church hereby reaffirm its historical position that its members should not join or financially support labour unions and similar organizations”.
3It is not clear from the filed application whether the requirements of section 52 of the Act have been complied with. No collective agreement was filed. The application does not disclose with sufficient clarity the type of collective agreement provision to which the applicants object. Nor can we be certain that the impugned collective agreement is a first collective agreement between the employer and the union, as contemplated by subsection 52(2).
4The Board is unable to make a final determination of this matter based on the materials in these files. Accordingly, we direct the Registrar to schedule these matters for hearing before the same panel of the Board.
“Patrick Kelly”
for the Board