Power Workers’ Union, Canadian Union of Public Employees, Local 1000 v. Hydro Electric Commission of Sioux Lookout and Ontario Hydro Services Company, Inc.
File No.: 1384-00-R Date: November 17, 2000 Ontario Labour Relations Board
Applicant: Power Workers’ Union, Canadian Union of Public Employees, Local 1000 Responding Parties: Hydro Electric Commission of Sioux Lookout and Ontario Hydro Services Company, Inc. Intervenors: Sioux Lookout Hydro Electric Commission and International Brotherhood of Electrical Workers, Local 1730
Before: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1This is an application pursuant to section 69 of the Labour Relations Act, 1995, S.O. 1995 ch.1 ("the Act"). The parties have entered into Minutes of Settlement, which provide as follows:
The parties consent to the Ontario Labour Relations Board issuing a declaration that a sale of a business has occurred between Ontario Hydro Services Company Inc. and the Sioux Lookout Hydro Electric Commission as at the transfer date (November 1, 1996). The consent is without prejudice to any position that the intervenor IBEW may wish to take in any other proceeding before the OLRB.
The parties agree that intermingling has occurred pursuant to s. 69(6) of the Labour Relations Act, 1995.
The parties agree to a vote being conducted by the Ontario Labour Relations Board on November 21, 2000 at the Employer’s workplace between the hours of 1:00 – 1:15 p.m. The parties agree to the voter’s list attached as Appendix “A” hereto.
The parties agree that the employees listed in Appendix “A” shall be given the option for voting for “IBEW Local 1730” or the “PWU”.
The parties agree that the bargaining agent winning the vote shall be declared to be the bargaining agent representing the employees in the bargaining unit.
The parties agree that the appropriate bargaining unit in this case is as follows:
all employees of the Sioux Lookout Hydro Electric Commission save and except office and clerical employees.
2Pursuant to section 69(8) the Board orders that a representation vote be held in the following voting constituency:
all employees of the Sioux Lookout Hydro Electric Commission, save and except office and clerical employees.
3Voters will be asked whether they wish to be represented in their employment relationship with their employer by International Brotherhood of Electrical Workers, Local 1730 or by the Power Workers’ Union, Canadian Union of Public Employees, Local 1000.
4The vote will be held on Tuesday, November 21, 2000. Vote arrangements are set out in the attached “Notice of Vote and Meeting”.
5The responding party is directed to post copies of this decision and Notice in a location or locations where they are most likely to come to the attention of those individuals who are eligible to vote.
6This matter is referred to the Registrar.
“David A. McKee”
for the Board