1664-00-R Power Workers’ Union (CUPE Local 1000 – C.L.C.), Applicant v. The Hydro Electric Commission of the Town of Newmarket, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and
R. R. Montague.
DECISION OF THE BOARD; September 11, 2000
This is an application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
It 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.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of the Hydro Electric Commission of the Town of Newmarket, save and except those persons above the rank of working supervisor and office and clerical employees not employed in positions supporting tradespersons.
The vote will be held on September 13, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on September 6, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 6, 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.
There is a dispute between the parties as to whether or not students employed during the school vacation period, students employed on a co-operative training program, and temporary employees whose term of employment does not exceed 180 calendar days per year, should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
There is also a difference between the parties regarding the appropriate supervisory exclusion. The applicant seeks to exclude “persons above the rank of working supervisor” whereas the responding party seeks to exclude “Line Trades Forepersons, persons above the rank of Line Trades Foreperson”. There is also a difference between the parties concerning the appropriate “clerical” exclusion. The applicant seeks to exclude “clerical employees not employed in positions supporting tradespersons” whereas the responding party seeks to exclude “clerical staff”. If any individual is in dispute as a result of these differences, that individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
The 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.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, 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).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board