Ontario Labour Relations Board
2507-00-R Ontario Public Service Employees Union, Applicant v. All-Care Health Services Limited, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; April 18, 2001
1This is an application for certification.
2The parties agreed to separate the application into two bargaining units as follows:
Kingston
All employees of All-Care Health Services Limited employed in and/or operating out of the County of Frontenac, and the Counties of Lennox and Addington (as those geographical entities existed on the application date), save and except supervisors, persons above the rank of supervisor, registered nurses, service co-ordinators, and office and clerical staff.
Clarity Note: The parties acknowledge that the term "employed in and/or operating out of" encompasses (but is not limited to) work performed by the employer for the Kingston, Frontenac, Lennox and Addington Community Care Access Centre which might cross into geographic areas not specifically identified within the above unit description.
Belleville/Bancroft
All employees of All-Care Health Services Limited employed in and/or operating out of the Counties of Hastings and Prince Edward (as those geographic entities existed on the application date), save and except supervisors, persons above the rank of supervisor, registered nurses, service co-ordinators and office and clerical staff.
Clarity Note: The parties acknowledge that the term "employed in and/or operating out of" encompasses (but is not limited to) work performed by the employer for the Hastings, Prince Edward Community Care Access Centre which might cross into other geographic areas not specifically identified within the above unit description.
3On the taking of the representation vote in the Belleville/Bancroft bargaining unit, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant. The application with respect to the Belleville/Bancroft bargaining unit is therefore dismissed.
4Having regard to the agreement of the parties with respect to the Kingston bargaining unit, the Board finds that:
all employees of All-Care Health Services Limited employed in and/or operating out of the County of Frontenac, and the Counties of Lennox and Addington (as those geographical entities existed on the application date), save and except supervisors, persons above the rank of supervisor, registered nurses, service co-ordinators, and office and clerical staff.
Clarity Note: The parties acknowledge that the term "employed in and/or operating out of" encompasses (but is not limited to) work performed by the employer for the Kingston, Frontenac, Lennox and Addington Community Care Access Centre which might cross into geographic areas not specifically identified within the above unit description.
constitute a unit of employees of the responding party appropriate for collective bargaining.
5On the taking of the representation vote in the Kingston bargaining unit, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
6A certificate will issue to the applicant for the Kingston bargaining unit.
7The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30-day period.
8Meeting and hearing dates set previously are hereby cancelled.
9The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"Brian McLean"
for the Board