Child and Family Services of Timmins and District v. Canadian Union of Public Employees, Local 2196

0881-00-R Child and Family Services of Timmins and District, Applicant v. Canadian Union of Public Employees, Local 2196, Ontario Public Service Employees Union, and Staff Association of South Cochrane Child and Youth Service, Responding Parties.

BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.

DECISION OF THE BOARD; October 2, 2000

1. Having found an intermingling of employees following the sale of a business, a differently constituted panel of the Board ordered a representation vote by decision dated August 8, 2000. The Board directed that voters be asked to indicate whether or not they wish to be represented by the Canadian Union of Public Employees, Local 2196 (“CUPE”), the Ontario Public Service Employees Union, Local 642 (“OPSEU”) or the South Cochrane Child and Youth Service Employees Association. The correct name of the entity referred to by the Board as the South Cochrane Child and Youth Service Employees Association is Staff Association of South Cochrane Child and Youth Service (“the Association”).

2. The vote took place on September 18 and 19, 2000. No one of the three trade unions emerged with more than 50 per cent of the ballots cast. OPSEU received the fewest votes.

3. The wishes of the majority of eligible voters has not yet been determined.

4. The Board directs that a further representation vote be taken of the individuals of the following voting constituency:

all employees of Child and Family Services of Timmins and District located in the City of Timmins and the District of South Cochrane, save and except Supervisors/Team Leaders, persons above the rank of Supervisors/Team Leaders persons employed in a confidential capacity with respect to labour relations and students employed during the school vacation.

5. The vote will be held on October 16 and 17, 2000. Other vote arrangements will be directed by the Registrar and set out in the attached Notice of Vote.

6. All individuals who have an employment relationship with the employer in the voting constituency as of July 24, 2000 are eligible to vote.

7. Pursuant to section 111(6) (b) of the Labour Relations Act, 1995, S.O. 1995, c.1, (“the Act”) the Board exercises its discretion to eliminate OPSEU from the ballot in the representation vote. Voters will be asked to indicate whether or not they wish to be represented by CUPE or the Association.

8. The employer is directed to post copies of this decision immediately in a location or locations where they will come to the attention of employees affected in this matter. These copies are to remain posted until October 24, 2000.

9. The matter is referred to the Registrar.

“Patrick Kelly”

for the Board