3251-99-R Canadian Union of Public Employees, Applicant v. Touchstone Youth Centre, Responding Party.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF RUSSELL GOODFELLOW, VICE-CHAIR AND BOARD MEMBER D. A. PATTERSON; February 9, 2000
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Touchstone Youth Centre in the City of Toronto, save and except Executive Director, Administrative Manager, Program Coordinator, and persons above the rank of Co-ordinator.
5The vote will be held on February 11, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on February 4, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on February 4, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7There may be a dispute between the parties as to whether: the bargaining unit should be restricted to persons “employed at Touchtone Youth Centre” and whether persons employed as “Development Officer”, “Therapists”, “Coordinators” (other than the “Program Coordinator”), “Administrative Assistants”, students employed during school vacation period and students employed pursuant to a co-operative education program should be included in the bargaining unit. Any employee who may be affected by such a dispute shall be entitled to cast a ballot but his or her ballot shall be segregated and not counted until the Board orders or the parties agree. The employer has given notice under section 8.1 of the Act. However, that notice would not appear to be numerically relevant. Accordingly, the ballot box will not be sealed.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, 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. 4: Status Disputes in Certification Applications (Non-Construction).
11The matter is referred to the Registrar.
“Russell Goodfellow”
for the majority
DECISION OF BOARD MEMBER J. A. RUNDLE; February 9, 2000
I dissent.
A plain reading of the sections 8 and 8.1 of the Labour Relations Act, 1995 requires the Board tos eal the balot box, when as in the instant matter an employer has given notice that it disagrees with the trade union’s estimate of the number of individuals in the unit described in the application for certification.
“J. A. Rundle”