Corporation of the Municipality of North Lambton v. Canadian Union of Public Employees, 2000 CanLII 12881

Corporation of the Municipality of North Lambton v. Canadian Union of Public Employees, on behalf of its Local 14 and the Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880

2182-00-PS, Corporation of the Municipality of North Lambton, Applicant v. Canadian Union of Public Employees, on behalf of its Local 14 and the Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880, Responding Parties.

BEFORE: Stephen Raymond, Vice-Chair.

DECISION OF THE BOARD; October 27, 2000

1This is an application under sections 21, 22 and/or 23 of the Public Sector Labour Relations Transition Act, 1997 (“the Act”) to determine which bargaining agent shall represent certain employees of the applicant.

2The applicant is a new municipality created as a result of the amalgamation of The Corporation of the Town of Bosanquet, the Corporation of the Town of Forest, The Corporation of the Village of Grand Bend and the Corporation of the Village of Thedford. The new municipality was created by Order of the Minister of Municipal Affairs and Housing dated November 4, 1998. The new municipality is established as of January 1, 2001. The applicant and responding parties seek an order from the Board directing a vote as to who will represent certain employees of the applicant upon the coming into effect of the Minister’s Order.

3The 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.

4The responding party, the Canadian Union of Public Employees, on behalf of its Local 14, currently holds bargaining rights to represent certain employees of the Corporation of the Town of Forest. The responding party, the Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 currently holds bargaining rights to represent certain employees of the Township of Bosanquet.

5In 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.

6The parties have agreed upon the following bargaining unit description:

all outside employees of The Corporation of the Municipality of North Lambton employed in the Municipality of North Lambton, save and except managers, including area managers, and persons above the rank of manager or area manager, persons employed in contracted water operations, persons employed in contracted sewage operations, person employed in contracted garbage pick up and disposal operation, building inspector/deputy Chief Building Officer, office staff, and persons regularly employed for not more than 24 hours per week and students employed during the school vacation.

7The parties have agreed upon a list of employees in the bargaining unit. The list is as follows:

Ron Bechard

Steve Bell

Paul Bossenberry

Ernie Clark

Scott Core

Ed Dewy

Dale Elliott

Aaron Frayne

Bill Harrower

Dave Hayter

Jerry Hunniford

Jim Smith

Alvin Stewardson

Frank Turner

Herb Zavitz

8Therefore, the Board makes the following order:

1. The Board directs that a representation vote be held of the individuals in the following voting constituency:

all outside employees of The Corporation of the Municipality of North Lambton employed in the Municipality of North Lambton, save and except managers, including area managers, and persons above the rank of manager or area manager, persons employed in contracted water operations, persons employed in contracted sewage operations, person employed in contracted garbage pick up and disposal operation, building inspector/deputy Chief Building Officer, office staff, and persons regularly employed for not more than 24 hours per week and students employed during the school vacation.

2. The vote will be held on November 15, 2000. Other vote arrangements will be as determined by the Registrar and set out in the attached “Notice of Vote and of Hearing”.

3. All employees in the voting constituency on the date of the vote are eligible to cast a ballot to vote.

4. 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.

5. Voters will be asked to indicate whether or not they wish to be represented by either the Canadian Union of Public Employees, on behalf of its Local 14 or the Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 in their employment relations with the applicant effective as of the changeover date of January 1, 2001.

6. The applicant is directed to post copies of this decision and of the “Notice of Vote and of Hearing” at the locations 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.

7. 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.

8. This matter is referred to the Registrar.

“Stephen Raymond”

for the Board