0837-00-R Ontario Public Service Employees Union, Applicant v. South Cochrane Child and Youth Services, Responding Party v. Canadian Union of Public Employees and its Local 2196 and Staff Association of South Cochrane Child and Youth Service, Intervenors.
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: Brian McLean, Vice‑Chair.
DECISION OF THE BOARD; August 8, 2000
Board File No. 0837-00-R is an application for certification. Board File No. 0881-00-R is an application under section 69 of the Labour Relations Act, 1995 (the “Act”).
Prior to the hearings into these matters the parties settled their differences as reflected in the following Minutes of Settlement.
BOARD FILES 0837-00-R
0881-00-R
IN THE MATTER OF THE LABOUR RELATIONS ACT
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
APPLICANT,
‑ AND ‑
SOUTH COCHRANE CHILD AND YOUTH SERVICES
RESPONDING PARTY
CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 2196 AND SOUTH COCHRANE CHILD AND YOUTH SERVICES EMPLOYEES’ ASSOCIATION
INTERVENORS
AND BETWEEN:
CHILD AND FAMILY SERVICES OF TIMMINS AND DISTRICT
APPLICANT
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 2196, ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION, AND SOUTH COCHRANE CHILD AND YOUTH SERVICE EMPLOYEES’ ASSOCIATION
RESPONDING PARTIES
MINUTES OF SETTLEMENT
WHEREAS the parties listed in the first title of proceedings above are parties to Board File 0837-00-R (the “Certification Application”)
AND WHEREAS the parties listed in the second title of proceedings above are parties to Board File 0881-00-R (the “Section 69 Application”).
AND WHEREAS the parties wish to resolve both the Certification Application and the Section 69 Application expeditiously.
THE PARTIES therefore agree as follows:
Pending the outcome of the representation vote referred to in paragraph 6 below, the parties agree that the ballot box containing the ballots in the Certification Application shall be unsealed, the ballots counted immediately and the Certification Application resolved on the basis of the outcome of that vote. The parties agree that for the purposes of File #0837-00-R, the Applicant’s proposed bargaining unit is appropriate. The interventions in the Certification Application are withdrawn.
A sale of a business within the meaning of the Labour Relations Act has occurred as a result of the amalgamation of South Cochrane Child and Youth Services and Porcupine and District Children’s Aid Society to form Child and Family Services of Timmins and District and that intermingling has occurred.
The appropriate bargaining unit for Child and Family Services of Timmins and District shall be:
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.
The correct name for “South Cochrane Child and Youth Employees Association” is “Staff Association of South Cochrane Child and Youth Service.”
The Staff Association of South Cochrane Child and Youth Service is a trade union within the meaning of the Labour Relations Act.
The parties agree to conduct a representation vote of the employees of Child and Family Services of Timmins and District in accordance with the attached voting arrangements. Each of the three Responding Parties in the Section 69 Application shall appear on the ballot.
Following the outcome of the representation vote and regardless of its outcome, seniority shall be dovetailed.
July 24, 2000.
“Illegible Signature”
South Cochrane Child
and Youth Services
“Illegible Signature”
Child and Family Services
of Timmins and District
“Illegible Signature”
Ontario Public Service
Employees Union
“Illegible Signature”
Canadian Union of
Public Employees
“Illegible Signature”
Staff Association of South
Cochrane Child and
Youth Service
Re: OLRB File #0837-00-U
The parties agree that the ballot of Linda Belanger shall not be counted .
“Illegible Signature”
For the Applicant
“Illegible Signature”
For the Respondent
- Having regard to the agreement of the parties, the Board finds that:
all employees of South Cochrane Child and Youth Services employed at the F.W. Schumacher Residence located in the District of Cochrane, save and except team leaders and persons above the rank of team leader and any persons for whom any trade union held bargaining rights as of June 14, 2000,
constitutes a unit of employees of South Cochrane Child and Youth Services appropriate for collective bargaining.
The Board hereby grants leave of the intervenors to withdraw their interventions in Board File No. 0837-00-R.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the Ontario Public Service Employees Union.
The 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.
Having regard to the agreement of the parties, regarding the intermingling of employees following the sale of business, the Board further finds that:
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,
constitute a unit of employees appropriate for collective bargaining.
- The Board directs that a 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.
The vote will be held on September 18 and 19, 2000. Other vote arrangements will be directed by the Registrar and set out in the attached Notice of Vote.
All individuals who have an employment relationship with the employer in the voting constituency as of July 24, 2000 are eligible to vote.
Voters will be asked to indicate whether or not they wish to be represented by Canadian Union of Public Employees, Local 2196, the Ontario Public Service Employees Union, Local 642 or the South Cochrane Child and Youth Service Employees Association in their employment relations with the employer.
The employers are directed to post copies of this decision immediately in a location where they will come to the attention of the parties. These copies must remain posted until September 26, 2000.
The matter is referred to the Registrar.
“Brian McLean