3288-99-R Ontario Public Service Employees Union, Applicant v. North Cochrane District Family Services; Nee-Gi-Nan; Jeanne Sauve Centre; Jeanne Sauve Family Services; Office and Professional Employees International Union, Local 161, Responding Parties.
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 under section 69 and subsection 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act").
2Jeanne Sauve Family Services is joined as a responding party in these proceedings.
3The parties have reached agreement on all issues in dispute in the matter. The terms of their agreement are set out in Minutes of Settlement ("the Minutes"), which read:
OLRB File 3288-99-R
BETWEEN
Ontario Public Service Employees Union,
Applicant
and
North Cochrane District Family Services
Nee-Gi-Nan
Jeanne Sauve Centre
Office and Professional Employees International Union,
Responding Parties
MINUTES OF SETTLEMENT
The parties agree to the following terms as full settlement of all issues arising between them respecting the above Application.
The parties agree that the proper name of the successor employer [is] Jeanne Sauve Family Services.
The parties agree that there has been a sale of a business within the meaning of section 69 of the Ontario Labour Relations Act ("OLRA") from North Cochrane District Family Services, Nee-Gi-Nan and Jeanne Sauve Centre to Jeanne Sauve Family Services.
The parties agree that there has been intermingling within the meaning of section 69(6) of the OLRA.
The parties therefore request that the Board order a representation vote between the Applicant OPSEU and the Respondent OPEIU as per the Vote Arrangements form attached as Appendix A.
The parties agree to the voters list attached as Appendix B.
At the joint request of the bargaining agents the successor employer will provide each bargaining agent with a complete list of employees in the bargaining unit with home addresses and classification/work location.
The parties agree that the appropriate bargaining unit is as follows:
"All employees of Jeanne Sauve Family Services save and except supervisors, persons above the rank of supervisor, admin. assistant, executive secretary, secretary bookkeeper, and students employed during the school vacation period."
Dated at Timmins, Ontario this 26th day of May, 2000.
("R. M. Hiltz") ("Ruth Workewich")
For the Employer Ruth Workewich
R. M. Hiltz
("Maurice Drolet")
For OPEIU Maurice Drolet
("E. Ogibowski") E. Ogibowski
("G. Collins")
For OPSEU G. Collins
Appendices A and B are not repeated.
4By consent, the Board makes the following declarations and orders:
There has been a sale of business within the meaning of section 69 of the Act from North Cochrane District Family Services, Nee-Gi-Nan and Jeanne Sauve Centre to Jeanne Sauve Family Services ("the employer").
The Board finds that:
all employees of Jeanne Sauve Family Services, save and except supervisors, persons above the rank of supervisor, administrative assistant, executive secretary, secretary bookkeeper, and students employed during the school vacation period,
constitute a unit of employees of the successor employer appropriate for collective bargaining.
A representation vote will be held on June 20, 2000. Other vote arrangements will be as set out in Appendix "A" to the Minutes, and as directed by the Registrar and set out on the attached Notice of Vote.
All individuals on Appendix B to the Minutes are eligible to vote.
5Voters will be asked to indicate whether they wish to be represented by the OPEIU or by OPSEU in their employment relations with the employer.
6The employer is directed to post copies of this decision and of the "Notice of Vote" on employee notice boards where they most likely to come to the attention of those eligible to vote. The copies are to remain posted for 30 days.
7Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, 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).
8The matter is referred to the Registrar.
"Christopher J. Albertyn"
for the Board