[1998] OLRB REP. MAY/JUNE 380
3858-97-PS The Corporation of Loyalist Township, Applicant v. Canadian Union of Public Employees and its Local 2150, Ontario Public Service Employees Union and its Local 445 and Service Employees International Union, Local 663, Responding Parties
BEFORE: D. L. Gee, Vice-Chair.
APPEARANCES: Kees Kort, Arnold Adams, Diane Pearce and Sophia Duguay for the applicant; Risa Pancer, Gerry Patterson and Bill Craig for Canadian Union of Public Employees; John L. Stout, Garry Thayer, Andrew MacKenzie, Anita Raymond and Peter Allard for Service Employees International Union.
DECISION OF THE BOARD; June 1, 1998
This is an application under sections 22 and 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act"). A consultation was held on May 26, 1998.
At the consultation, it was agreed that the Board would hear submissions and render a decision on the issue of whether there should be one bargaining unit, comprised of both full and part time employees, or whether there should be two separate bargaining units, one for full-time employees and one for part-time employees, following which the parties would meet with a Board Officer and make arrangements for the conduct of a vote or votes. The parties agreed that the ballots cast by individuals in positions in dispute would be segregated and the issue of whether they were in or out of the unit would be remitted back to the Board if the successful trade union and the employer were unable to resolve the issue.
Loyalist Township is a successor employer within the meaning of section 3 of the Act. It is the result of the amalgamation of the Corporations of the Townships of Amherst Island ("Amherst Island") and Ernestown ("Ernestown") and the Corporation of the Village of Bath ("Bath").
Prior to the amalgamation, Ontario Public Service Employees Union and its Local 445 ("OPSEU") represented all employees of Amherst Island save and except Ferry Captains and Road Superintendent, office and clerical staff, persons regularly employed for not more than 24 hours per week and students employed during the school vacation period. The employees coveted by the collective agreement between OPSEU and Amherst Island were ferry service employees and two roads employees. By way of agreement dated November 27, 1997, it was agreed that OPSEU would continue to represent a bargaining unit comprised of all ferry service employees of Loyalist Township save and except ferry captains, persons regularly employed for not more than 24 hours per week, and students employed during the school vacation. It was further agreed that the roads employees would be covered by the collective agreement in force between Ernestown and Canadian Union of Public Employees and its Local 2150 ("CUPE"). The agreement in question constitutes an agreement under sections 20 and 21 of the Act. Accordingly, OPSEU advised the Board that it would not be participating in the consultation and takes no position concerning the appropriate bargaining unit(s) except that such unit(s) must exclude the ferry service employees represents employees of the predecessor employer Ernestown as follows:
The Employer recognizes the Canadian Union of Public Employees and its Local 2150 as the bargaining agent of all employees of the Corporation of Ernestown in the Township of Emestown, save and except chief administrative officer/clerk, treasurer, general superintendent (Roads, Water and Landfill), recreation director, pool supervisor, township engineer, deputy clerk, fire chief, deputy fire chief, fire training officer, program administrator, planner, foreman of the roads department, employees regularly employed for not more than twenty-four (24) hours per week, and students employed during the school vacation period.
CUPE has had a 20 year collective bargaining relationship with Ernestown. There are currently approximately 33 full-time employees in the bargaining unit represented by CUPE. The part-time employees of the predecessor employer Ernestown are not unionized. The exact number of part-time employees has not been determined, however, there is no dispute that they number somewhere between 50 and 77.
Service Employees' Union, Local 663 ("SEU") was certified on October 18, 1996 to represent all employees of the predecessor employer Bath save and except Clerk Administrator and persons above the rank of Clerk Administrator. A first collective agreement was entered into on January 6, 1997. There are currently eight full-time employees in the SEU bargaining unit. There are no part-time employees. Prior to December 31, 1997 there were two part-time employees in the bargaining unit. One has become a full-time employee and the other has been laid off.
Loyalist Township and CUPE submit that two bargaining units, one full-time unit and one part-time unit, are appropriate. SEU submits that one all employee unit is appropriate. It is my determination that two bargaining units, one comprised of full-time employees and the other comprised of part-time employees, are appropriate. My reasons are as follows.
Section 22(1) of the Act grants the Board the discretion to determine the number and description of the bargaining units that "are appropriate for the successor employer's operations". Section 22(7) directs the Board to have regard to the purposes of the Act when determining the number and description of the bargaining units. The purposes of the Act are set out in section 1 as follows:
To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers.
To facilitate the establishment of effective and rationalized bargaining unit structures in restructured broader public sector organizations.
To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees following restructuring in the broader public sector and in other specified circumstances.
To foster the prompt resolution of workplace disputes arising from restructuring.
It is my view that two bargaining units will best serve the purposes of the Act and are appropriate for the successor employer's operations. Loyalist Township submits that two separate bargaining units are appropriate for its operations. It bases its request on the fact that, in overwhelmingly large part, the full-time employees of the predecessor employers have been represented separate and apart from part-time employees. There is in existence a long-standing collective bargaining relationship relating to the vast majority of the full-time employees which has operated successfully in the past with every indication that it will continue to do so in the future.
CUPE likewise argues in favour of two separate bargaining units. CUPE is by far the dominant trade union. It has had a collective bargaining relationship relating to a full-time bargaining unit with Ernestown, which employed a significant number of part-time employees, for 20 years. It represents the vast majority of the unionized workers of Loyalist Township. CUPE, based on its 20 years experience, is of the view that the employer and the employees have been best served by full-time employees comprising their own bargaining unit and that there is no reason to disturb the status quo.
By contrast SEU has a relatively short collective bargaining relationship and, although it has bargaining rights for part-time employees, the reality is that its bargaining unit has historically been largely, and is currently exclusively, comprised of full-time employees. There is little practical experience upon which to judge the effect an all employee unit will have on the employer's operations.
On balance, I see no reason not to structure the bargaining units as urged upon me by the dominant parties to this application and feel that structuring the bargaining units in a fashion that will most closely maintain the status quo will best serve the purposes of the Act.
Accordingly, this matter is hereby referred to the Manager of Field Services for the appointment of a Board Officer to meet with the parties as expeditiously as possible for the purpose of making arrangements for the conduct of two separate votes. The voting constituencies, subject to any further agreements reached by the parties are as follows:
Bargaining unit #1
All employees of the Corporation of the Loyalist Township save and except supervisors/operators, department heads, persons above the rank of supervisor/operator and department head, ferry services employees, training officer, volunteer fire fighters, confidential secretary and persons regularly employed for twenty-four (24) hours per week or less and students employed during the vacation period.
Bargaining unit #2
All part time, casual and student employees regularly employed for not more than twenty-four (24) hours per week.
As agreed at the consultation, the ballots cast by any individuals in a classification in dispute will be segregated and not counted unless agreed to by the parties or ordered by the Board.
- I am seized.