In this decision of Vice-Chair Roslyn McGilvery, the Board decided not to exercise its discretion under subsection 69(6) of the Ontario Labour Relations Act to alter LIUNA Local 3000’s bargaining unit structure or to overturn LIUNA’s bargaining rights after the work of the bargaining unit was “subcontracted in” by the employer.
The Kensington Health Centre subcontracted with Nutra Services for the provision of food and facilities management services. LIUNA was the exclusive bargaining agent of Nutra Services employees performing the work at Kensington Gardens. Thereafter, the Kensington Health Centre terminated its contract with Nutra Services, hired all employees of Nutra Services and began administering food and facilities management work itself. LIUNA filed an application under section 69 of the Act, arguing that the Board ought to declare that LIUNA continues to represent former Nutra Services employees due to the operation of section 69.1 of the Act. CUPE intervened in this application, arguing that the former Nutra Services employees ought to be included in CUPE’s all employee bargaining unit respecting the Kensington Health Centre.
The Board ruled in favour of LIUNA, finding no labour relations harm if LIUNA continues to represent employees performing food and facilities management work at the Kensington Gardens. In reaching its decision, the Board noted that there was very minimal intermingling of employees represented by the two unions, that the bargaining unit represented by LIUNA was substantial in size, and that there was no evidence why the Kensington Health Centre would be unable to effectively bargain with LIUNA, especially considering that Kensington Health Centre already administered two collective agreements in the workplace (the “all employee” collective agreement and the collective agreement respecting RNs and RPNs).
The Board declared that there was a sale of business from Nutra Services to the Kensington Health Centre, that the Kensington Health Centre is bound by the collective agreement with LIUNA and that CUPE does not hold bargaining rights for employees performing food and facilities management work at Kensington Gardens.
Labourers’ International Union of North America (“LiUNA”) Local 3000 v The Kensington Health Centre, 2023 CanLII 100740 (ON LRB)