The McMaster University Staff Association v. McMaster University
File No.: 4081-98-R Date: February 9, 2000
Before: Bram Herlich, Vice-Chair
Decision of the Board
1This is an application for certification in which the Board, by decision dated March 3, 1999 directed the taking of a representation vote. (The Board notes that the decision directing the vote is incorrectly dated as March 3, 1998 – it was in fact issued on March 3, 1999).
2The applicant has not previously established that it is a trade union within the meaning of the Labour Relations Act. The parties have agreed that the Board satisfy itself as to the applicant’s status on the basis of materials filed with the Board in this and in another application (Board File 1500-98-U).
3Having reviewed those materials, the Board is satisfied and hereby finds that the applicant is a trade union within the meaning of section 1 of the Act.
4Having regard to the further agreement of the parties, the Board further finds that:
all non-academic employees of McMaster University in the Province of Ontario, save and except:
a) persons exercising managerial functions or employed in a confidential capacity in matters relating to labour relations within the meaning of subsection 1(3)(b) of the Labour Relations Act;
b) physicians employed in a professional capacity;
c) hourly staff of the Parking and Transit Services;
d) temporary and casual staff;
e) Research Associates (Academic) employed in that capacity for less than two years (after two years they shall be in the bargaining unit), Post-Doctoral Fellows, Clinical Scholars, Clinical Fellows, Research Fellows, Teaching Fellows, Conversational Assistants, Visiting Scientists and Visiting Professors;
f) employees in bargaining units for which any trade union held bargaining rights under the Labour Relations Act as of March 2, 1999;
g) employees represented by McMaster University Faculty Association;
h) professional librarians employed in a professional capacity; and
i) employees in job classifications in the Management Group (TMG) as of March 2, 1999, as described in and modified by the memorandum of agreement between the parties dated January 20th, 2000, or their subsequent equivalents,
constitute a unit of employees of the responding party appropriate for collective bargaining.
Clarity Notes:
It is understood that the following persons are employed in a confidential capacity in matters relating to Labour Relations within the meaning of subsection 1(3)(b) of the Labour Relations Act: employees in the Offices of the President, Vice-President (Administration), Provost & Vice-President (Academic), Vice-President (Research & International Affairs) and Human Resources, and one confidential secretary to each Associate and Assistant Vice-President, University Registrar, University Librarian, Executive Director of University Advancement, Director of Financial Services, Director of Housing & Conference Services, Director of Analysis & Budgeting, Director of Physical Plant and Director of Risk Management.
It is further understood that the following are the organizations as of March 2, 1999 which were affiliated with McMaster University and that the employees of these organizations are not employees of McMaster University:
Canadian Baptist Archives
Hamilton Health Sciences Corporation
Graduate Students Association
McMaster Association of Part-Time Students
McMaster Children’s Centre Inc.
McMaster Divinity College
McMaster University Faculty Association
McMaster University Staff Association
McMaster Student Union Inc.
Regional Medical Associates
Innovus Inc.
It is further understood that Research Associate is a non-academic job classification within the bargaining unit.
It is further understood that employees who were Research Associates (Academic) as of March 2, 1999 are grandparented out of the bargaining unit.
5A representation vote was held on March 10 and 11, 1999.
6On the taking of the representation vote directed by the Board (and regardless of how bargaining unit employees whose ballots have been segregated may have voted), more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
7A certificate will issue to the applicant in respect of the bargaining unit set out above.
8The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
9The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for at least 30 days.
“Bram Herlich”
for the Board