Wilfrid Laurier University Faculty Association v. Wilfrid Laurier University
2704-00-R Wilfrid Laurier University Faculty Association, Applicant v. Wilfrid Laurier University, Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; December 12, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The responding party claims that there are fewer employees in the bargaining unit than the applicant claims. The responding party agrees with the bargaining unit proposed by the applicant although it wishes to add a clarity note. It gives notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application and agreed to by the parties could be appropriate. The Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all part-time contract academic staff who provide instruction in at least one university degree credit course and all part-time professional librarians employed by Wilfrid Laurier University, save and except:
a) full-time faculty and professional librarians who are members of the Bargaining Unit as defined by the certificate of the Ontario Labour Relations Board, number 0477-88-R, dated October 3, 1988;
b) the President, Vice-Presidents, Deans, Director of Computing Services and the University Librarian and Archivist, including an individual appointed in an acting capacity to serve temporarily in one of these offices, or one of these officers on the administrative leave that falls within a term of office, or between two consecutive terms of office;
c) persons holding visiting or In-Residence appointments for one year or less.
7The vote will be held on December 14, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on December 7, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 7, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
9The responding party wishes to clarify that the term “full-time professional librarian” in paragraph 6 means “a professional librarian appointed by the Board to the rank of Librarian I, Librarian II, Librarian III or Librarian IV and who on the average, performs duties for 24 hours or more per week during the period of his/her employment.” If there is a dispute between the parties with respect to this “clarity note” it can be resolved by them after the vote or with the Board’s assistance if necessary.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
13The matter is referred to the Registrar.
“Laura Trachuk”
for the Board