P. J. Falzone

The Ontario Public Service Employees Union (OPSEU) brought applications alleging that contracts between the Ministry of Correctional Services and various community agencies constituted a transfer of part of the Crown's undertaking under the Successor Rights (Crown Transfers) Act.

The agencies provided specialized counselling and discharge planning services to inmates.

The Board dismissed the applications, finding that the agencies were using their own independent undertakings to supply services to the Crown and had not acquired any part of the Crown's undertaking.

The performance of similar work by the agencies did not amount to a transfer of an undertaking.

The applicant union sought to set aside a representation vote, alleging that the intervener union breached the Board's silent period by campaigning in the days immediately preceding the vote.

The Board dismissed the application, finding that the applicant's representative had waived any objection to the regularity of the balloting by signing a Consent and Waiver form prior to the counting of the ballots.

Furthermore, the Board concluded that the isolated technical breach of the silent period did not unfairly influence the outcome of the vote.

A certificate was issued to the intervener.