1459-99-T Canadian Union of Public Employees, Applicant v. Canadian Union of Public Employees, Local 1883, Responding Party.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; July 25, 2000
1This is a request by the Canadian Union of Public Employees (“CUPE”) to extend the trusteeship of its Local 1883 (the “Local”) until June 30, 2001.
2The Local was placed under the trusteeship of CUPE as of June 30, 1999. Pursuant to section 89(2) of the Labour Relations Act, 1995 (“the Act”),
Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than 12 months from the date of such assumption, but such supervision or control may be continued for a further period of 12 months with the consent of the Board.
3CUPE made the request by letter to the Board dated June 8, 2000. In that letter CUPE indicated that as of June 30, 1999, “a majority of members of the local union’s Executive Board had requested that Local 1883 be placed under administration pursuant to the provisions of CUPE’s Constitution. The inability of Local 1883 to function effectively was largely caused by political divisions within the local union and resulting membership apathy.”
4By Board decision dated June 12, 2000, the Board directed CUPE to bring this application to the attention of its members and the Board extended the trusteeship on an interim basis until July 31, 2000.
5The Board received numerous submissions from the members of the Local. The submissions were both in favour and against the extension of the trusteeship for a one-year period until June 30, 2001.
6CUPE was asked to respond to the submissions and in a letter dated July 19, 2000 indicated that the submissions made in opposition to the extension of the trusteeship are made by a “vocal minority (…. that ) has largely been responsible for the disruption in the local union’s ability to operate”.
7It is clear to the Board that there are significant divisions in the Local. It is also clear that the Local should have autonomy and the Act only contemplates temporary trusteeships for a duration of twelve months with the option of a twelve-month extension.
8While it is clear that there are differences and difficulties in the Local, the Board is of the view that a further twelve-month extension would serve no useful purpose at this time. Instead, the Board orders that the trusteeship be extended until December 31, 2000. It is hoped that within this timeframe CUPE will be able to ensure that the Local is functioning appropriately and effectively. However, if CUPE is of the view that this timeframe is not sufficient to complete this, it is directed to contact the Board by October 31, 2000 and to show cause as to why the trusteeship should be extended for a further period.
9I will remain seized of this matter.
“Stephen Raymond”
for the Board