Canadian Union of Public Employees v. The Corporation of the Township of Cardiff
File No.: 0985-00-R Date: July 28, 2000
Before: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board
1No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of July 4, 2000.
2Having regard to the agreement of the parties, the Board further finds that:
all employees of The Corporation of the Township of Cardiff, save and except Clerk-Treasurer, Secretary and Road Superintendent,
constitute a unit of employees of the responding party appropriate for collective bargaining.
Clarity Notes
i) The parties acknowledge that The Township of Cardiff and Bicroft are in the process of merging and amalgamating with other existing Townships to form a new municipality effective January 1, 2001.
ii) The parties further acknowledge that persons occupying the position of Road Superintendent in The Township of Cardiff and Bicroft shall not be the Road Superintendent for the new Township and therefore, will be covered by the certificate(s) issued by the Board including being covered for the purposes of obtaining bargaining unit positions in the new Township.
iii) The Respondent acknowledge that it is the Applicant’s position that, effective January 1, 2001, office and clerical positions are included in the bargaining unit subject to the Respondents’ or new Townships ability to show such positions are of a “confidential capacity” within the meaning of S.1(3)(b) of the Labour Relations Act.
3On 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.
4A certificate will issue to the applicant.
5The 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.
6Meeting and hearing dates set previously are hereby cancelled.
7The responding party is directed to post copies of this decision immediately,
adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Timothy W. Sargeant”
for the Board