Mark Tough v. Ontario Public Service Employees Union
0001-00-R Mark Tough, Applicant v. Ontario Public Service Employees Union, Responding Party v. Mary and André Residence for Youth (M.A.R.Y.).
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 6, 2000
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2The responding party, although duly served with the application material on March 31, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 74 of the Board’s Rules of Procedure.
3On December 22, 1998, the responding party was certified as the bargaining agent for the employees of Mary and André Residence for Youth (M.A.R.Y.) in the following bargaining unit:
all employees of Mary and André Residence for Youth in the Regional Municipality of Ottawa-Carleton, save and except Managers, persons above the rank of Manager and office and clerical staff.
As of the date of the filing of this application, no collective agreement has been made. Having regard to the provisions of section 63(1) of the Act, the Board finds that this application is timely.
4It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
5The Board directs that a representation vote be taken of the employees of Mary and André Residence for Youth (M.A.R.Y.) employed in the bargaining unit described in paragraph 3 above. All those employed in that bargaining unit on April 3, 2000, the application filing date, will be eligible to vote.
6The vote will be held on April 10, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Mary and André Residence for Youth (M.A.R.Y.).
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board