OPSEU applied for certification to represent a bargaining unit of paramedic employees who became employed by the newly amalgamated City of Ottawa on January 1, 2001.
CUPE, which had previously reached an agreement with the Ottawa Transition Board to represent a comprehensive Outside/Inside bargaining unit, argued that OPSEU's application was untimely and that the paramedics fell within its unit.
The Ontario Labour Relations Board found that OPSEU's application was untimely under the Public Sector Labour Relations Transition Act, 1997, as it was filed during a barred period.
Furthermore, the Board determined that even if the application were timely, a separate paramedic bargaining unit would not be appropriate as it would unnecessarily fragment the workforce, and the paramedics properly fell within CUPE's existing comprehensive unit.
The certification application was dismissed.