0102-00-R Canadian Union of Public Employees and its Local 2119, Applicant v. Perth and Smiths Falls District Hospital, Smiths Falls Ambulance Service, Carleton Place/Richmond Ambulance Service, Almonte General Hospital, OPSEU, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; September 24, 2001
This is an application filed pursuant to section 69 of the Labour Relations Act, 1995 (“the Act”).
Pursuant to a decision of the Board (differently constituted) dated July 25, 2001, a representation vote was held on August 9, 2001. More than fifty per cent of the ballots cast in that vote were cast in favour of the applicant (“CUPE”).
Having regard to the agreement of CUPE, Almonte General Hospital (“the Hospital”) and Ontario Public Service Employees Union, the Board finds that:
all Paramedics employed by Almonte General Hospital in the County of Lanark, save and except supervisors and persons above the rank of supervisor,
constitute a unit of employees of the Hospital appropriate for collective baraining.
Paragraph 7 of the agreement states:
The parties also agree that subject to the Board’s usual processes, the Board should issue a certificate to the winner of said vote.
Section 69 of the Act, which deals with a sale of a business, and which is the relevant provision in this application, does not authorize the issue of a certificate. The Board cannot, therefore, give precise effect to the intention of the parties to the agreement. However, the Board has authority to issue a declaration which will have similar effect to the issue of a certificate in a certification application.
- The Board makes the following declarations and orders:
(i) CUPE is the bargaining agent for the employees in the bargaining unit described in paragraph 2 above.
(ii) The Hospital is bound to the collective agreement between CUPE and the predecessor employer, Perth and Smiths Falls District Hospital (“PSFDH”).
(iii) The bargaining unit in the collective agreement between CUPE and the Hospital is hereby amended by substituting the following in place of the existing recognition clause:
The Hospital recognizes CUPE as being the sole and exclusive bargaining agent of all Paramedics employed by Almonte General Hospital in the County of Lanark, save and except supervisors and persons above the rank of supervisor.
“Patrick Kelly”
for the Board