[1990] OLRB Rep. January 19
1679-89-R Canadian Union of Public Employees, Applicant v. Carleton Roman Catholic Separate School Board, Respondent, v. Group of Employees, Objectors
BEFORE: R. O. MacDowell, Alternate Chair, and Board Members M. Rozenberg and R. R. Montague.
DECISION OF THE BOARD; January 8, 1990
1This is an application for certification.
2In a decision of the Board dated November 16, 1989 the Board (on the agreement of the parties) determined the unit of employees appropriate for collective bargaining, and directed that a representation vote be taken so that those employees could indicate, by secret ballot, whether or not they wished to be represented by the applicant union in their employment relationship with the respondent employer. That vote was taken on November 27 and November 28, 1989. A substantial majority of those casting ballots indicated their desire to be represented by the applicant.
3Ordinarily, the Board would simply issue a certificate based upon the vote results. There are no allegations of intimidation, coercion or other misconduct which might vitiate the results of that vote. Indeed, the scrutineers from both parties have verified, in writing, that the vote was properly conducted.
4But there is a problem. The respondent employer has advised the Board that it was unable to post the Form 70 Notice to Employees of the vote results until the day before the time fixed for objections. There have been none, to date, nor are any anticipated; however, out of an abundance of caution, the Board considers it appropriate to direct the employer to post this decision (as it did the Form 70 Notice) in prominent places where it will come to the attention of the employees potentially affected by the application.
5Should any employee wish to contest the election results s/he will be permitted to do so, by written representation sent by registered mail no later than January 21, 1990. Any such representation must include a detailed explanation why the Board should not act upon the results of the representation vote. If the Board does not receive such representation or, alternatively, receives a representation which does not persuade us that we should disregard the expressed wishes of the employees who voted, a certificate will issue to the applicant union based upon the material before us and the vote results.