3598-99-R National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and is Local 4304 Applicant v. Regional Municipality of Waterloo, The Corporation of the City of Kitchener, The Corporation of the City of Cambridge, Amalgamated Transit Union Local 1608, Project Lift Incorporated, Township of Wilmot, Kiwanis Transit, Responding Parties v. Canadian Union of Public Employees and its Locals 68, 791, 1656 and 1883, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; October 18, 2000
1This is an application under section 69 of the Labour Relations Act, 1995, S.O. 1995, c.1, (“the Act”).
2On September 19, 2000 the applicant (“CAW Local 4304”), the Regional Municipality of Waterloo (“the Region”) and the Amalgamated Transit Union Local 1608 (“ATU Local 1608”) entered into a Memorandum of Agreement which settles all outstanding issues.
The Canadian Union of Public Employees (“CUPE”) was not a party to the Memorandum of Agreement, but has no objections to the bargaining unit description contained therein.
3Having regard to the Memorandum of Agreement, the Board makes the following declarations:
(i) A sale of business has taken place and the Regional Municipality of Waterloo is the successor employer pursuant to section 69 of the Labour Relations Act.
(ii) The appropriate bargaining unit is:
“all Bus Operators, Certified Motor Vehicle Trade Technicians and related service personnel of the Transit Services Division of the Regional Municipality of Waterloo, save and except for students, supervisors those above the rank of supervisor, office and clerical employees, stock keepers and those employees currently represented by CUPE Local 1883 and CUPE Local 1656”.
(iii) CAW Local 4304 is the bargaining agent for all employees in the bargaining unit described in sub-paragraph (ii) above.
(iv) The bargaining rights of ATU Local 1608 are terminated insofar as they apply to the bargaining unit referred to in sub-paragraph (ii) above, and the collective agreement between ATU, Local 1608 and the City of Cambridge (to which the Regional Municipality of Waterloo is the successor employer) is terminated.
(v) The bargaining unit includes the employees of Project Lift Inc. who are included in the bargaining unit certified by the Board in Board File No. 4369-98-R. The Board notes the agreement of the signatories regarding the collective bargaining negotiations involving Power Life Inc.
(vi) Insofar as transit service relating to the Township of Wilmot and Kiwanis Transit shall continue to be contracted by the Region to existing service providers, any employees engaged in providing such services are included in the bargaining unit referred in sub-paragraph (ii) above.
(vii) The attached Schedules A and B apply to the bargaining unit referred to in sub-paragraph (ii) above.
- This matter is terminated.
“Patrick Kelly”
for the Board
SCHEDULE “A”
Application of the CAW Collective Agreement
The Letter of Understanding dated August 28, 2000 between the Employer and ATU Local 1608 shall apply to all current ATU members.
With the following exceptions, all provisions of the current CAW Local 4304 collective agreement shall take effect on the date the Employer receives the Board’s decision and order.
The following provisions will not take effect until January 8, 2001
Article 13 - Specified Holidays
Article 22 - Pay Period
Article 26 - Benefit program (incl. Schedule C)
Article 32 - Hours of Work and Overtime (Dept 1)
Article 36 - Uniforms (Dept 1)
Article 45 - Safety, Sanitation and Health (Dept 2)
Article 46 - Tools (Dept 2)
Article 47 - Uniforms (Dept 2)
During the transitional period between the Employer’s receipt of the Board’s decision/order and January 8, 2001, the pre-existing terms and conditions of employment of employees formerly represented by the ATU shall continue to apply with respect to matters covered by the CAW provisions listed above.
The sign up for the new schedule effective January 8, 2001 shall be at least four weeks prior in accordance with article 35 of the CAW collective agreement. The provisions in the ATU contract regarding sign up shall continue until January 8, 2001 (eg. there will be a sign up on November 15 which will continue until the end of the day of January 2, 2001).
The parties agree to develop a mechanism to change vacation which ensures all employees maintain their current entitlement.
SCHEDULE “B”
SENIORITY
There will be a master seniority list (dovetailed) for purposes of layoff and recall.
There will be divisional seniority lists (north and south) for the purposes of article 31 (vacation), article 32 (overtime) and article 35 (sign up).
If the Employer declares a vacancy in one division, employees in the other division will be entitled to apply under the conditions.
a) If the vacancy is in the north division, employees in the south division will be entitled to apply and vice versa.
b) If the vacancy in the north division is filled by an employee from the south division, employees in the north division shall be entitled to apply for the resulting vacancy in the south division and vice versa.
c) All further resulting vacancies created by the movement of employees between divisions shall be filled at the discretion of the employer, within 12 months of the date that the vacancy was declared.
- Shoes for Division 1 shall be supplied in accordance with the collective agreement within 30 days of the signing of this agreement.