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Board determines appropriate bargaining units following hospital restructuring under the Public Sector Labour Relations Transition Act.
The applicant union applied under the Public Sector Labour Relations Transition Act, 1997 to determine the appropriate number and description of bargaining units following a hospital restructuring.
The Board denied an adjournment request by the SEIU and denied standing to OPSEU.
The Board determined that there should be one service unit, inclusive of registered practical nurses and stationary engineers, extending to all three of the employer's sites.
The Board also determined that the technical unit should extend to all three sites rather than being limited to one.
Board determines appropriate bargaining units for the newly amalgamated City of Toronto under Bill 136.
Following the amalgamation of seven municipalities into the new City of Toronto, the Ontario Labour Relations Board was asked to determine the appropriate bargaining unit structures under the Public Sector Labour Relations Transition Act, 1997.
The Board eliminated a small craft unit of operating engineers at a landfill site, integrating them into the broader outside workers unit.
The Board rejected proposals to create a separate health department bargaining unit and a separate nurses' unit within the health department, finding that these employees were appropriately situated within the larger municipal inside workers unit.
However, the Board preserved the separate stand-alone bargaining unit for employees of the Toronto Parking Authority, noting its status as a distinct local board and successor employer under the legislation.
Board orders two bargaining units and requires non-union option on ballot following hospital amalgamation.
The Board determined the bargaining unit structure following the amalgamation of four psychiatric and addiction facilities into the Centre for Addiction and Mental Health.
The Board ordered two bargaining units: one for registered and graduate nurses, and one for all other non-managerial employees.
The Board also held that a non-union option must be included on the ballot for any unit where 40% or more of the employees were Crown employees prior to the changeover date.
The geographic scope was limited to the City of Toronto and existing Mississauga employees.
The Board declined to order the disclosure of employee addresses and telephone numbers to the unions due to safety concerns.
Pay Equity Hearings Tribunal has jurisdiction under section 52 of the Constitution Act to apply the Charter.
The applicant union challenged section 6 of the Pay Equity Act as contravening the Charter.
The respondent employer argued the Pay Equity Hearings Tribunal lacked jurisdiction to hear the Charter challenge.
Applying the Supreme Court of Canada's decision in Cuddy Chicks, the Tribunal held that section 30 of its enabling statute and section 52 of the Constitution Act, 1982 grant it the jurisdiction and impose the duty to apply the Charter.
The Tribunal reserved its decision on whether it has jurisdiction under section 24(1) of the Charter to grant the requested remedy of amending the legislation.
Pay equity adjustments must be incorporated into collective agreement rates before applying subsequent negotiated increases.
The Employer applied to revoke a Review Officer's order requiring it to pay the female job class of registered nurses an additional $0.37 per hour.
The Tribunal upheld the Review Officer's finding that subsection 13(10) of the Pay Equity Act requires pay equity adjustments to be incorporated into the collective agreement rate, and that subsequent negotiated increases must be calculated on the adjusted rate.
The Tribunal also found that the Employer failed to maintain pay equity under subsection 7(1) by giving the male comparator job class a smaller wage increase than other non-union staff, which artificially held back the nurses' job rate.