3681-99-R Canadian Union of Public Employees, Applicant v. Guelph Wellington Association for Community Living, Responding Party v. Frances Kee, Shelly Dano, Maureen Peats-Bond, Monique Lee and Gena Mortenson, Intervenors.
BEFORE: Russell Goodfellow, Vice-Chair.
APPEARANCES: B. Sheehan and M. Graves for the applicant union; Stephen J. Goodwin and Bob Butella for the responding party employer; Peter A. McSherry, Frances Kee, Shelly Dano, Maureen Peats-Bond, Monique Lee and Gena Mortenson for the intervenors.
DECISION OF THE BOARD; May 3, 2000
A hearing was held in this application on April 26, 2000 to deal with issues related to the adequacy of the vote held on March 21, 2000, and with an allegation of improper conduct by a union official in the course of the organizing campaign. Based on the facts as pleaded and agreed to at the hearing, I concluded that there was not a sufficient basis for ordering a new vote and that the allegations against the union official could not possibly amount to an unfair labour practice. I indicated that I would provide reasons for this decision at a later date and that, in the meantime, a decision would issue giving effect to the results of the vote. This is that decision.
Having regard to the agreement of the parties, the Board finds that:
all employees of the Guelph Wellington Association for Community Living in the County of Wellington, save and except coordinators, persons above the rank of coordinator, office and clerical staff,
constitute a unit of employees of the responding party appropriate for collective bargaining.
Clarity Note:
For purposes of clarity, the clerk/receptionist at ARC Industries is an office/clerical employee and is not included in the bargaining unit.
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 until the date that had been set for the hearing.
“Russell Goodfellow”
for the Board