The McMaster University Staff Association v. McMaster University
File No.: 4081-98-R Date: June 19, 2000 Ontario Labour Relations Board
Between: The McMaster University Staff Association, Applicant v. McMaster University, Responding Party.
Before: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD
[1]. By decision dated February 9, 2000, the Board granted a certificate in this matter. As indicated therein, the unusual and elaborate bargaining unit description (as well as the accompanying clarity notes) which the Board found to the appropriate was one which the parties had arrived at by agreement.
[2]. The applicant has now written to the Board seeking to reconvene the certification hearing to deal with two issues it asserts have arisen during the parties’ collective bargaining.
[3]. First, it is asserted that the employer is attempting to improperly exclude an individual from the bargaining unit. Second, the union claims the employer is attempting to require certain bargaining unit members to assume managerial responsibilities.
[4]. The union asks that the certification hearing be reconvened to deal with these matters.
[5]. The Board sees no basis or reason to reconvene the hearing in the certification application.
[6]. The applicant has been issued a certificate. The proceedings are concluded. In the absence of a request or need to reconsider that decision, the Board sees no need or purpose to reconvening the hearing in that application.
[7]. The parties have agreed to a bargaining unit description which was incorporated into a Board certificate. They are now involved in collective bargaining which they must conduct in accordance with the Labour Relations Act, 1995. Should they wish to agree to amend the scope of the union’s bargaining rights, they are free to do so. Should a party attempt to advance a recognition issue to impasse, there may be legal avenues available to provide a remedy. Similarly, should the parties disagree about the application or interpretation of the bargaining unit description to which they have agreed – legal avenues may be available to resolve that dispute. And finally should the parties disagree as to the status of specific individuals (either by way of interpreting the scope of bargaining rights or determining whether the individual is or not an employee within the meaning of the Act), other avenues may be available to be pursued.
[8]. But none of these or other potential avenues include reconvening the hearing or reconsidering the certificate issued by the Board in this matter.
“Bram Herlich”
for the Board