Ontario Labour Relations Board
[1994] OLRB Rep. September 1235
1671-94-R The Canadian Union of Public Employees, Applicant v. Kids Come First Child Care Centre of Vaughan, Responding Party
BEFORE: M. Kaye Joachim, Vice-Chair.
APPEARANCES: Brian Sheehan for the applicant; David M. Chondon, Nanci Cohen and Gudrun Bartolomeo for the responding party.
DECISION OF THE BOARD September 20, 1994
Reasons for Decision
1This is an application for certification in which the parties have reached agreement on all matters in dispute with the exception of the build-up issue described below.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act.
3Having regard to the agreement of the parties, the Board further finds that all employees of Kids Come First Child Care Centre of Vaughan in the City of Vaughan, save and except Assistant Executive Director and persons above the rank of Assistant Executive Director, constitute a unit of employees of the responding party appropriate for collective bargaining.
4In accordance with the Rules of Procedure respecting applications for certification, the named employer has filed a list of employees in the bargaining unit, together with sample signatures for the employees on that list.
5In support of its application for certification, the applicant union filed documentary evidence of membership in the form of cards. The cards are signed by each employee concerned and indicate a date within the six month period immediately preceding the application date. The membership evidence is supported by a duly completed declaration verifying membership evidence.
6The Board is satisfied on the basis of all of the evidence before it,that more than fifty-five per cent of the employees of the responding party in the bargaining unit on August 11, 1994, the certification application date, had applied to become members of the applicant on or before that date.
Build-up Issue
7Notwithstanding the fact that the applicant had more than fifty-five per cent support of the employees in the agreed upon bargaining unit on the application date, which would ordinarily result in automatic certification, the responding party has requested that the Board exercise its discretion to order a representation vote on the basis that the employees in the bargaining unit at the time the application was made were not a substantial and representative part of the work force which is expected to be employed within a reasonable time.
8The facts are not in dispute. The responding party operates a non-profit child care centre which offers two programs: a program for pre-school children on a full-time or part-time basis (the "child care program"); and a program for school age children before and after school (the "school age program").
9The child-care program operates for twelve months a year. The school age program operates for only ten months of the year in conjunction with the school year from the beginning of September to the end of June. Accordingly, during the summer months of July and August, two employees providing care in the school age program are traditionally laid off. In addition, one employee is generally laid-off from the child care program due to the decreased demand for this service during the summer months.
10In addition to this seasonal decrease during July and August of 1994, the school age program will be expanded for the 1994/95 school year by up to thirty children. Based on a statutory requirements of at least one caregiver for every fifteen children, this created a need for two additional part-time positions for the 1994/95 school year program.
11In addition, as a result of the resignation of one of the employees in the bargaining unit subsequent to the application date, an assistant educator in the child-care program was hired.
12Therefore, the parties are agreed that the following changes to the number and composition of the bargaining unit have occurred. On the certification application date of August 11, 1994, there were nine employees in the bargaining unit. One employee in the bargaining unit resigned and has been replaced. Five new employees will have been added to the bargaining unit by the end of September, 1994, three as a result of the usual seasonal increase in September and two as a result of the expanded school age program. Thus, by the end of September 1994, there will be fourteen employees in the bargaining unit.
13All of the nine employees employed in the bargaining unit on the application date were part of the childcare program. There were no employees of the school age program employed on the application