Gerry Poirier

The applicant union sought to set aside a representation vote held following the restructuring of the school board, alleging irregularities including inadequate posting of the notice of vote and locked doors at polling stations.

The Ontario Labour Relations Board declined to inquire into the allegations under section 23(19) of the Public Sector Labour Relations Transition Act, 1997.

The Board found that even if the allegations were true, the number of affected voters was too small to alter the outcome of the vote, and the results reflected the true wishes of the majority of the employees in the bargaining units.

Following the creation of the Ottawa-Carleton French-Language School Board from parts of four predecessor English-language school boards, multiple unions applied under section 63 of the Labour Relations Act to determine the appropriate bargaining units.

The Board held that a bargaining unit for maintenance workers based on a 'family of schools' was not appropriate, given the statutory assignment of maintenance functions to the full board and the deemed intermingling provisions of Bill 109.

The Board declined to preserve the historical bargaining rights on a geographic basis and confirmed the results of representation votes for office and clerical employees, cafeteria employees, and bus drivers.