1596-00-R Ontario Public Service Employees Union, Applicant v. The Corporation of the County of Brant, Responding Party v. The Power Workers’ Union, CUPE Local 1000-CLC, Intervenor.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; September 14, 2000
1This is an application for certification.
2By decision dated September 6, 2000, the Board directed the applicant to deliver submissions to the Board, to the responding party and to the intervenor as to why this application should not be dismissed as being untimely. The Board has now received and reviewed the applicant’s submissions. The Board notes that there is a dispute between the parties as to whether or not the bargaining unit proposed by the applicant includes employees, who are already represented by the intervenor. This issue, as well as the other issues in dispute between the parties, will be dealt with at a hearing before the Board after the vote.
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit than that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
5The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. However, having regard to the timeliness issue in dispute in this application, the Board directs that the ballot box be sealed and the ballots not counted until the Board so directs or the parties agree. The Board further directs that each ballot cast be individually segregated.
6The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of The Corporation of the County of Brant employed in ambulance service operations, save and except supervisors and those above the rank of supervisor.
7The vote will be held on September 18, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on August 29, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 29, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
9There are differences between the parties concerning the appropriate description of the bargaining unit. The applicant firstly proposes a unit that refers to “all employees of the respondent employed in ambulance service operations”, and alternatively proposes a unit that refers to “all part-time paramedics”, whereas the responding party proposes a unit that refers to “all paramedics employed by the County of Brant in its Ambulance Service”. If any individual is in dispute as a result of these differences, such individual shall be entitled to cast a ballot. As previously noted, all of the ballots cast in the representation vote shall be individually segregated and not counted until the Board so orders or the parties agree.
10Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
11The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, including any matters relating to the representation vote, 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. 4: Status Disputes in Certification Applications (Non-Construction).
13The matter is referred to the Registrar.
“Caroline Rowan”
for the Board