The Corporation of Loyalist Township v. Canadian Union of Public Employees and its Local 2150
[1998] OLRB REP. JULY/AUGUST 576
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.
DECISION OF THE BOARD; July 27, 1998
Decision
1By decision dated June 1, 1998, pursuant to section 22 of the Public Sector Labour Relations Transition Act, 1997, (the "Act") the Board determined that two separate bargaining units, one full-time and one part-time, are appropriate for the operations of the Corporation of Loyalist Township.
2A representation vote was held on July 2, 1998 in the following voting constituency:
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.
3A majority of the votes was cast in favour of Canadian Union of Public Employees and its Local 2150. Accordingly, under section 23(9) of the Act, any bargaining rights possessed by Service Employees International Union, Local 663 in respect of employees in the full-time bargaining unit are hereby terminated.
4The Board appoints Canadian Union of Public Employees and its Local 2150 as the bargaining agent in respect of the full-time unit being:
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.
5The Registrar will destroy the ballots cast in the representation vote cast in respect of the full-time bargaining unit following the expiry of 30 days from the date of this decision unless a statement requesting that the ballots not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
6A vote has not been conducted with respect to the part-time unit as the Corporation of Loyalist Township asserts that no vote should be ordered as there were no employees in the part-time bargaining unit on the change-over date and remain no such employees to date, however, there were, and remain, between 50 and 77 non-union part-time employees. The Service Employees International Union, Local 663 asserts that there was and is a part-time employee for whom it holds representation rights and, in any event, the Board is required by virtue of the language of section 23(2) to hold a representation vote. A hearing was held on July 21, 1998, to hear the submissions of the parties on this issue.
7It is my determination that the position taken by the Service Employees International Union, Local 663 is correct. The Act mandates that the determination as to which of the bargaining agents, if any, represents employees in a bargaining unit determined by the Board to be appropriate be made by way of the conduct of a vote. The language of section 23(2) is directory. The Board does not have a discretion in this regard. Further, the only means provided for in the Act for the termination of a trade union's bargaining rights is by way of a Board order following the conduct of a vote. Absent the conduct of a vote, there is no mechanism provided for whereby the Board could terminate the bargaining rights of the Service Employees International Union, Local 663.
8Accordingly, the matter is hereby referred to the Manager of Field Services for the appointment of a Board Officer to consult with the parties for the purpose of making vote arrangements for the conduct of a vote in the following voting constituency:
All part-time, casual and student employees regularly employed for not more than twenty-four (24) hours per week.