Ontario Labour Relations Board
Citation: [1996] OLRB REP. JANUARY 20
File No.: 3381-95-R
Date: 1996-01-03
Between:
Tracy McLellan, Jennifer Faulkiner, Sharon Haviland, Mary-Lou Reeves, Maxine Rapai, Donna Dempsey, Applicants
v.
Ontario Public Service Employees Union, Responding Party
Before: S. Liang, Vice-Chair, and Board Members W. H. Wightman and C. McDonald.
Decision of the Board
1The name of the responding party in the title of proceedings is amended to read:
"Ontario Public Service Employees Union".
2This is an application for termination of bargaining rights, brought pursuant to the provisions of section 63 of the Labour Relations Act, 1995.
3The applicant has provided, in accordance with the Board's Interim Certification and Termination Rules, and among other things, a Form T-4 declaration in which it asserts that there were 54 persons employed in the bargaining unit on the application date. The employer has provided, also as required by the Rules, a Schedule "C" of employees in the form set by the Board. Since it is not clear whether or not a copy of this schedule has been provided to the other parties, it has been sent to the union and the applicant along with this decision. On Schedule "C", the employer asserts that there are 56 employees in the bargaining unit.
4In its response, the union states that there are 63 persons in the bargaining unit. There is therefore an apparent difference between the parties as to the number of employees in the bargaining unit for the purposes of this application which may affect the outcome of this application. Since it is not clear whether this difference is still outstanding, now that the parties have received each others' materials, the Board finds it appropriate to direct the following information to be provided:
(a) The Board directs the union to indicate whether it has a dispute with the Schedule "C" filed by the employer. If it does, the union shall identify which individuals are in dispute and provide any documentary evidence it has in support of its position. The union shall deliver these materials to the Board and to the other parties by no later than 5:00 p.m. on Monday, January 8, 1996.
(b) If the union indicates that it disputes the employer's Schedule "C", the employer and the applicant are directed to state whether they agree or disagree with the union's position, and provide any documentary evidence they have in support of their position. These materials shall be delivered to the Board and to the other parties by no later than 5:00 p.m. on Wednesday, January 10, 1995.
5Upon receipt of these materials, the Board may make determinations under section 63 of the Act, or may make further orders as required.