0297-00-R Timiskaming Child and Family Services, Applicant v. Ontario Public Service Employees’ Union, Local 665, and United Steelworkers of America, Local 6409, Responding Parties.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; September 5, 2000
1Prior to the hearing of this matter the parties entered into the following minutes of settlement:
File #0297-00-R
LABOUR RELATIONS ACT, 1995
Between:
Timiskaming Child and Family Services, Applicant
and
Ontario Public Service Employees' Union
and United Steelworkers of America, Responding Parties
Whereas the Applicant filed an application pursuant to Section 69 of the Labour Relations Act,1995 alleging a sale of business by The Childrens' Aid Society of the District of Timiskaming and Centre Boreal Centre of Timiskaming to Timiskaming Child and Family Services;
And Whereas the Responding Party Ontario Public Service Employees Union holds bargaining rights for employees of The Childrens' Aid Society of the District of Timiskaming and the United Steelworkers of America holds bargaining rights for employees of Centre Boreal Centre of Timiskaming;
Now, in order to resolve the issues currently outstanding in respect of this Application, the Parties agree as follows:
The Parties agree that there has been a sale of a business within the meaning of the Labour Relations Act, 1995 by The Childrens' Aid Society of the District of Timiskaming and Centre Boreal Centre of Timiskaming to Timiskaming Child and Family Services.
The Parties agree that there has been intermingling of employees of one employer with the employees of another employer represented by a trade union.
The Parties therefore agree to a representation vote between the Ontario Public Service Employees' Union and the United Steelworkers of America to determine which trade union shall represent the employees of Timiskaming Child and Family Services.
The Parties agree that the appropriate bargaining unit is described as follows:
all employees of Timiskaming Child and Family Services in the District of Timiskaming, save and except supervisors, managers, persons above the rank of supervisors and managers, the Executive Secretary, the Management Secretary, and students employed during the school vacation periods or Youth in Care employed under Provincial Grants on a part-time basis during the school year.
The Parties agree that the representation vote shall take place on Oct. 3 and 4, 2000.
The Parties further agree that not later than three weeks prior to the date of the representation vote, the Employer shall provide to representatives of the two trade unions a voters' list including the names and addresses of each employee on the list, both in hard copy and on computer disc.
Vote arrangements shall be as set out in the attached Appendix A to this Memorandum. [not attached to this decision]
The Parties further agree that this Memorandum shall be made an order of the Labour Relations Board and agree that the Board should exercise its discretion pursuant to section 69(8) of the Labour Relations Act to order the representation vote between the Ontario
Public Service Employees' Union and the United Steelworkers of America on the terms
set out in paragraphs 3 through 7 above.
Dated this 30th day of August, 2000
(“Illegible Signature”)
For the Applicant Timiskaming Child and Family Services
(“Illegible Signature”)
For the Responding Party Ontario Public Service Employees’ Union
(“Marie Kelly”)
For the Responding Party United Steelworkers of America
2Pursuant to the agreement of the parties the Board finds that there has been a sale of a business within the meaning of the Labour Relations Act, 1995 by the Children’s Aid Society of the District of Timiskaming and Centre Boreal Centre of Timiskaming to Timiskaming Child and Family Services.
3The Board also finds pursuant to the agreement of the parties that there has been an intermingling of employees.
4The Board finds pursuant to the agreement of the parties that the appropriate bargaining unit is the one described in paragraph 4 of the minutes of settlement.
5The Board hereby directs that a representation vote be held on October 3 and 4, 2000.
6All employees on the voters’ list are eligible to vote.
7Voters will be asked to indicate whether they wish to be represented by the Ontario Public Service Employees Union or the United Steelworkers of America in their employment relations with the applicant.
8The applicant is directed to post copies of this decision and of the "Notice of Vote" in places where they are likely to come to the attention of the affected employees. The copies must remain posted until the date of the vote.
9Any person who wishes to make representations to the Board with respect to the conduct of 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.
10The matter is referred to the Registrar.
“Laura Trachuk”
for the Board