Ontario Labour Relations Board
2725-99-R Canadian Union of Operating Engineers and General Workers (CUOE), Applicant v. Eastern Power Limited, Responding Party.
BEFORE: Anthony Brown, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; January 31, 2000
This order is in respect of an application for certification.
In accordance with Minutes of Settlement signed on behalf of the applicant and the responding party, filed, the Board orders as follows:
The applicant union may schedule a meeting of all employees under the conditions outlined in Schedule C to the Minutes of Settlement. In addition, the responding party Eastern Power Limited may schedule a meeting of all employees under the pertinent conditions outlined in Schedule C.
A new representation vote shall be taken of the individuals in the following voting constituency:
all stationary engineers and their helpers employed by Eastern Power Limited in the City of Pickering, save and except Chief Operating Engineer and persons above the rank of Chief Operating Engineer.
The vote will be held on February 4, 2000. Vote arrangements will be in accordance with Schedule B of the Minutes of Settlement and otherwise as determined by the Registrar.
All individuals who had an employment relationship with the responding party in the voting constituency on December 6, 1999, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 6, 1999, 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.
By agreement of the parties, the following individuals are entitled to vote:
Will Cunningham
Bryan McCann
John McLean
Nick Pantaleo
Joe Polgar
Darrell Rhode
Peter Ruttan
Moe Shaban
Ralph Siciliano
Blair White
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The responding party is directed to post copies of this decision and of the "Notice of Vote" at the location or locations where copies of the "Notice to Employees of Application for Certification" were posted. These copies must remain posted for 30 days.
Any 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, 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).
The hearing scheduled in this matter for March 13, 14 and April 25, 2000 is hereby cancelled.
The matter is referred to the Registrar.
This panel of the Board is not seized with this matter.
“Anthony Brown”
for the Board