Myrtle Herzenberg et al. v. Power Workers’ Union CUPE Local 1000
File No.: 0025-00-R Date: April 7, 2000
Applicants: Myrtle Herzenberg, Kathy McLaughlin, Helen Barber, Larry D’Silva, George D’Agostino, Dale Lafontain Responding Party: Power Workers’ Union CUPE Local 1000 Intervenor: Ontario College of Teachers
Before: Laura Trachuk, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD
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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on April 4, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Ontario College of Teachers, with an effective date of June 1, 1999, until May 31, 2000. The bargaining unit description in that collective agreement is as follows:
all employees of the Ontario College of Teachers in Toronto, save and except Managers, persons above the rank of Managers, persons employed in the positions of Program Officer, Executive Secretary to the Executive Co-ordinator, Executive Secretary to the Registrar, Executive Secretary to the Deputy Registrar, Executive Secretary to the Chair, Administrative Assistant, Communications Officer, Media Relations Officer, Communications Assistant, Translator, Research Analyst, Outreach Officer, Security Officer and students employed during the summer vacation period.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It 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.
4The Board directs that a representation vote be taken of the employees of Ontario College of Teachers employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on April 4, 2000, the application filing date, will be eligible to vote.
5The vote will be held on April 11, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Ontario College of Teachers.
7The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
8Any 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).
9The matter is referred to the Registrar.
“Laura Trachuk”
for the Board