Ontario Labour Relations Board
0587-00-R Ontario Public Service Employees Union, Applicant v. City of Hamilton / Region of Hamilton-Wentworth, Responding Party v. Canadian Union of Public Employees and its Local 5167, Intervenor
BEFORE: Christopher J. Albertyn, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 31, 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 has given notice under section 8.1. It raises several objections to the application. The intervenor raises additional objections. The objections include the following: the responding party is not the employer of the employees affected by the applicant and that there are no employees in the proposed bargaining unit; the unit is inappropriate; the unit falls within a much larger all employee unit represented by the intervenor; the application is timely.
5In light of the objections the ballot box will be sealed and the ballots will not be counted unless so agreed by all the parties or ordered by the Board.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all paramedic employees of the City of Hamilton / Region of Hamilton-Wentworth in the Region of Hamilton-Hamilton, save and except supervisors and persons above the rank of supervisor.
7The vote will be held on June 2, 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 May 23, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 23, 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.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board