Women’s Crisis Services of Cambridge and North Dumfries v. Canadian Union of Public Employees
File No.: 2020-99-R Applicant: Women’s Crisis Services of Cambridge and North Dumfries Responding Party: Canadian Union of Public Employees
Before: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board: January 14, 2000
Decision
The applicant has applied to the Board under section 65 of the Labour Relations Act, 1995 for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
The parties have agreed to resolve this matter on the following terms:
The Employer and the Union hereby agree to adjourn the hearing of the termination application, presently set down for hearing on January 13, 2000.
The parties hereby agree that a representation vote shall be conducted by officials of the Ontario Labour Relations Board. The parties agree that the vote shall take place at the Employer’s premises [address deleted] in the Group Room during the hours of 2:30 p.m. to 6:30 p.m. on Monday, January 24, 2000. The Employer’s scrutineer shall be Kathy Wilson. The parties agree that due to the nature of the Employer’s facility, its address must be kept strictly confidential.
The parties further agree that only the individuals on the voter’s list attached as Schedule “A” herein shall constitute the individuals eligible to cast ballots in the vote. The parties agree that, with respect to the position of Melanie Miller-Cassel, her inclusion in the voter’s list is for the purposes of this vote only and that it is without prejudice or precedent to the Employer’s right to file an application before the Board regarding her status as an employee under the Act, or to address her inclusion in the bargaining unit at any negotiations.
Both parties hereby agree to be bound by the outcome of the vote. More specifically, the parties hereby agree as follows:
(i) if greater than 50% of those employees casting ballots vote in favour of the Union, then the Employer hereby agrees to withdraw this termination application;
(ii) if 50% or less of the employees vote in favour of the Union, then the Union hereby agrees that it abandons the bargaining rights for the employees of the Employer, and that it shall so advise the Ontario Labour Relations Board. The Union further agrees that it shall be barred, for a period of one (1) year from the date of the vote, from filing any subsequent applications for certification of bargaining rights for any employees of the Employer.
The Board directs that a representation vote be conducted in accordance with the parties’ agreement. Other vote arrangements are set out in the attached “Notice of Vote and of Hearing”.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Family Crisis Shelter.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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 termination of bargaining rights, 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. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Russell Goodfellow”
for the Board