1596-00-R Ontario Public service Employees Union, Applicant v. The Corporation of the County of Brant, Responding Party v. The Power Workers’ Union, CUPE Local 1000-CLC, Intervenor.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; September 6, 2000
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
The applicant has applied for a bargaining unit as follows:
all employees of The Corporation of the County of Brant employed in ambulance service operations, save and except supervisors and those above the rank of supervisor.
- The responding party has as part of its response filed a collective agreement between it and The Power Workers’ Union Canadian Union of Public Employees, Local 1000 (Power Workers’ Union) dated December 21, 1999 expiring on April 30, 2002. The recognition clause in such agreement reads as follows:
The Corporation recognizes the Power Workers’ Union as the exclusive bargaining agent of all employees of the Corporation of the County of Brant, save and except superintendents, persons above the rank of superintendent, office, clerical and technical personnel, grant employees, students employed during the school vacation periods and persons regularly employed for not more than twenty-four (24) hours per week.
The intervenor has in it intervention claimed that it represents the individuals in issue and that this application is therefore untimely.
The Board is concerned that the Power Workers’ Union may represent the individuals, who are the subject matter of this application.
In the circumstances the Board would ask for submissions from the applicant to be delivered to the Board, to the responding party and to the Power Workers’ Union as to why this application should not be dismissed as being untimely. If no submissions are received by Friday, September 8, 2000 this application shall be deemed to be dismissed.
“Timothy W. Sargeant”
for the Board