[1998] OLRB REP. MAY/JUNE 361
4976-97-R Canadian Union of Public Employees, Applicant v. Brock University, Responding Party v. Group of Employees, Objectors
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; May 5, 1998
This is an application for certification in which a hearing was scheduled to commence on May 4, 1998. However, prior to the commencement of the hearing the parties resolved all matters in dispute.
The Board received four statements of desire to make representations within the time fixed by the Board following the taking of the representation vote pursuant to the Board's direction of April 1, 1998. Only one of the individuals who had filed a statement attended at the Board on the hearing date. That individual, following the Minutes of Settlement being reached between the applicant and responding party indicated she was waiving her right to speak to the Board. The representations received raised concerns that some of the objecting employees had not had adequate notice of the vote, had to wait in line to vote, and had been unable to cast a ballot before having to leave to write an exam, that the union had not spoken to them about the organizing drive, or that no one had contacted them directly about the vote arrangements.
There is no requirement for either the applicant or the responding party to contact each and every employee to alert them to either the possibility of a certification application or that a vote has been scheduled. That is the purpose served by the postings in multiple locations throughout the University. It is unfortunate that some individuals did not attend at the University during the period between the posting of notices and the day of the vote, but that is not sufficient reason for the Board to hold a hearing for that purpose.
The Labour Relations Act, 1995 mandates the Board to hold representation votes within five days, whenever it is possible to do so. In this case, at the request of Brock University, the Board delayed the holding of the vote to a date of the University's choice. By 3:00 p.m. on April 3, 1998 thirty six copies of the certification application, the Board's decision directing the vote, and Notice of Vote had been posted at various sites throughout the University by the employer. The employees therefore had five days notice of when the vote would be held, more time than is normally given to employees in certification applications. The Board is satisfied that employees received adequate notice of this application and vote.
Having considered all of the representations, the Board is satisfied that the objecting employees have raised no allegations which, even if proved true, would change the result of the application.
Having regard to the agreement of the parties, the Board further finds that:
ail employees of Brock University employed as Course Coordinators, Instructors, Seminar Leaders, Teaching Assistants, Demonstrators, and Marker/Graders, save and except persons employed as Instructors, Program Co-Ordinators and On-Site Facilitators in the Faculty of Education, and ail other persons employed in an on-going capacity whose positions are primarily clerical, technical, administrative or professional and who may teach, coordinate, advise or demonstrate as an integral part of that position and persons for whom a trade union held bargaining rights on April 1, 1998,
constitute a unit of employees of the responding party appropriate for collective bargaining.
Clarity Note
It is understood and agreed that the bargaining unit description/scope clause does not include employees who are otherwise regularly employed by Brock University in a managerial capacity or in a confidential capacity in matters relating to labour relations.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for 30 days.