Ontario Labour Relations Board
File No.: 0781-00-PS
Applicant: Canadian Union of Public Employees and its Local 1306.3 Responding Party: The Corporation of the Township of Smith-Ennismore-Lakefield
Before: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; September 20, 2000
Decision
This is an application under sections 21, 22 and/or 23 of the Public Sector Labour RelationsTransition Act, 1997 (“the Act”) to determine which (if any) bargaining agent shall represent certain employees of the responding party. On June 13, 2000, the Registrar sent the responding party a Notice in Form B-49 entitled “Confirmation of Filing of Application Under Sections 21, 22, and/or 23 of the Act” and directed that the Notice be posted in the workplace for thirty days.
The responding party is a new municipality created as a result of the amalgamation of The Corporation of the Township of Smith-Ennismore, and The Corporation of the Village of Lakefield. It also comprises an area annexed from The Corporation of the Township of Douro-Dummer. The new municipality was created by Order of the Minister of Municipal Affairs and Housing under section 25.2 of the Municipal Act dated February 10, 2000. The new municipality is established as of January 1, 2001. The Order also establishes a Transition Council consisting of the members of the councils of the former municipalities and contains an extensive list of powers that may be exercised by the Transition Council in order to ensure that the amalgamation takes place as smoothly and efficiently as possible. In furtherance of this objective, the applicant and responding party seek an order from the Board directing a vote as to who (if anyone) will represent certain employees of the responding party upon the coming into effect of the Minister’s Order.
The parties acknowledge that the result of the vote cannot take effect until January 1, 2001. It is not apparent what legal effect can be given to the results of the vote either before or after the changeover date, but the Board is willing to conduct the vote on the agreement and at the request of the parties.
The applicant currently holds bargaining rights to represent all employees of the Corporation of the Village of Lakefield, excluding some positions. The Board understands that comparable employees of the Township of Smith-Ennismore are currently not represented by a trade union.
In the circumstances, the Board has determined that it should make an interim order for a representation vote pursuant to subsection 37(7) of the Act. Subsection 37(7) states:
The Board may make interim orders with respect to a matter that is or will be the subject of a pending or intended proceeding.
- The parties have agreed upon the following bargaining unit description:
all employees of the Corporation of the Township of Smith-Ennismore-Lakefield, save and except the Chief Administrative Officer, Treasurer, Clerk Deputy Treasurer, Deputy Clerk, Manager of Public Works, Chief Building Official/Planning Co-ordinator, Manager of Recreation, Facilities Supervisors and students employed during the summer vacation period.
For purposes of clarity, the summer vacation period is defined as April 1st to October 15th.
The parties have agreed upon a list of “included positions” comprising the bargaining unit, as indicated in Appendix A to the application.
Therefore, the Board makes the following order:
The Board directs that a representation vote be held of the individuals in the following voting constituency:
all employees of the Corporation of the Township of Smith-Ennismore-Lakefield, save and except the Chief Administrative Officer, Treasurer, Clerk Deputy Treasurer, Deputy Clerk, Manager of Public Works, Chief Building Official/Planning Co-ordinator, Manager of Recreation, Facilities Supervisors and students employed during the summer vacation period.
The vote will be held on October 19, 2000. Other vote arrangements will be as determined by the Registrar and set out in the attached “Notice of Vote and of Hearing”.
All individuals in an included position with the Corporation of the Village of Lakefield or the Township of Smith-Ennismore are eligible to vote.
If a question arises as to whether any individual who wishes to vote is eligible to do so, that individual shall be permitted to cast a ballot and any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
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 effective as of the changeover date of January 1, 2001.
The responding party is directed to post copies of this decision and of the “Notice of Vote and of Hearing” at the locations where the employer posted the copies the “Notice of Confirmation of Filing of Application” and where they are likely to come to the attention of affected employees. It shall remain posted for a period ending 10 days after the vote is conducted.
Any party or person who wishes to make representations to the Board about any issue relating to the conduct or the outcome of the vote must file a detailed statement of representations and the material facts upon which they rely with the Board, and deliver it to all other parties, so that it is received within 7 days (excluding Saturdays, Sundays and Board holidays) of the date on which the vote is taken.
This matter is referred to the Registrar.
“Anthony Brown”
for the Board