The Ottawa Transition Board v. The Ottawa-Carleton Public Employees’ Union Local 503 et al.
File No.: 2353-00-PS Date: November 20, 2000
Applicant: The Ottawa Transition Board Responding Parties: The Ottawa-Carleton Public Employees’ Union Local 503, The Civic Institute of Professional Personnel of Ottawa-Carleton, The Ontario Nurses Association, Canadian Union of Public Employees Local 2187, Canadian Union of Public Employees Local 2617, Canadian Union of Public employees Local 4159, Teamsters Local Union 91, Canadian Union of Public Employees Local 1525, Canadian Union of Public Employees Local 1670, Canadian Union of Public Employees, Local 2753, Canadian Union of Public Employees Local 1246, Canadian Union of Public Employees Local 1021, Canadian Union of Public Employees Local 3438, Canadian Union of Public Employees Local 2293, Canadian Union of Public Employees Local 2504-01, Canadian Union of Public Employees Local 2753-01, Canadian Union of Public Employees Local 1525-1, Canadian Union of Public Employees Local 2504, Canadian Union of Public Employees Local 20, International Alliance of Theatrical Stage Employees (Local 471), Ottawa-Carleton Regional Police Association, Ottawa-Carleton Regional Police Senior Officers’ Association, The Cumberland Township Professional Fire Fighters Association Local 2621 International Association of Fire Fighters, The City of Kanata Professional Fire Fighters Association, Nepean Professional Fire Fighters’ Association, Local 1484 International Association of Fire Fighters, and Ottawa Professional Fire Fighters Association.
Before: David A. McKee, Vice Chair.
DECISION OF THE BOARD
1This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the "Act") respecting bargaining rights of the responding parties.
2The Act addresses certain collective bargaining issues resulting from municipal amalgamations (and similar changes at the municipal level), school board changes, hospital restructuring and other types of occurrences. The Act gives the Board the power to determine new bargaining unit configurations and to appoint new bargaining agents. The statute also contemplates that the bargaining parties may agree on how these matters should be decided without any formal adjudication by the Board.
3At this point in the proceeding, the parties are:
The Ottawa Transition Board;
The Ottawa-Carleton Public Employees’ Union Local 503;
The Civic Institute of Professional Personnel of Ottawa-Carleton;
The Ontario Nurses Association;
Canadian Union of Public Employees Local 2187;
Canadian Union of Public Employees Local 2617;
Canadian Union of Public employees Local 4159;
Teamsters Local Union 91;
Canadian Union of Public Employees Local 1525;
Canadian Union of Public Employees Local 1670;
Canadian Union of Public Employees, Local 2753;
Canadian Union of Public Employees Local 1246;
Canadian Union of Public Employees Local 1021;
Canadian Union of Public Employees Local 3438;
Canadian Union of Public Employees Local 2293;
Canadian Union of Public Employees Local 2504-01;
Canadian Union of Public Employees Local 2753-01;
Canadian Union of Public Employees Local 1525-1;
Canadian Union of Public Employees Local 2504;
Canadian Union of Public Employees Local 20;
International Alliance of Theatrical Stage Employees (Local 471);
Ottawa-Carleton Regional Police Association;
Ottawa-Carleton Regional Police Senior Officers’ Association;
The Cumberland Township Professional Fire Fighters Association Local 2621 International Association of Fire Fighters;
The City of Kanata Professional Fire Fighters Association;
Nepean Professional Fire Fighters’ Association, Local 1484;
International Association of Fire Fighters;
Ottawa Professional Fire Fighters Association.
4If any of those bargaining agents wish to participate in this case, they must file a response with the Board, if they have not already done so, not later than five days after the date of this decision. Before filing its response with the Board, an intervening bargaining agent must deliver a copy of the completed response to the applicants, to the responding parties identified in the application, and to each of the other bargaining agents identified by the employer in its pleading.
5Obviously, it is in the interest of the parties and the public, if this matter can be settled, or if it is to be litigated, that that be done in an economical and expeditious manner; moreover (as seems likely) much of the background and many of the facts may not be in dispute. In the circumstances, and pursuant to section 37(3) of the Act, the Board has appointed a Board Officer to contact the parties for the purpose of resolving the matters in dispute in whole or in part.
6The Officer will report the status of the settlement efforts to the Board no later than December 7, 2000. In addition, and having regard to the particular circumstances raised in this matter, the Board also directs that this matter be listed for consultation on Friday, December 15, 2000, in Ottawa, commencing at 9:30 a.m. The parties will be advised of the location at a later date.
7A consultation is not a hearing. While all consultations are not conducted in an identical manner, as a general matter the giving of evidence and the cross-examination of witnesses are not normally part of a consultation and, when they are, it is only with respect to those matters that are defined by the Board. The purpose of the consultation is to hear the representations of the parties with respect to all matters relating to this application which have not been settled. At the conclusion of the consultation, the Board may render a final decision with respect to the issues in dispute. If a party does not attend the consultation, the Board may decide the application without further notice to it and without considering any document that party may have filed.
8Accordingly, the Board hereby directs that Rules 26(d) and 30(d) of the Board’s Rules of Procedure apply and directs each party, to the extent the parties have not already done so, to deliver one copy of the following materials to the other parties and file two copies of the following materials with the Board:
(i) a brief setting out a statement of the issues in dispute and the facts upon which it intends to rely; and
(ii) a copy of all documents upon which it intends to rely.
At the time of filing, each party must verify that it has delivered its materials as required by the Board’s Interim Rules under the Public Sector Labour Relations Transition Act, 1997. The applicants’ materials must be delivered and filed no later than five days following the date of this decision. The responding parties’ materials must be delivered and filed no later than ten days following the date of this decision.
9The employer is directed to post copies of this decision (as well as the accompanying letter from the Registrar) in the workplace immediately. A sufficient number are to be posted where they are most likely to come to the attention of all employees who may be affected by the application. The employer must keep them posted until Friday, December 15, 2000, the date on which the consultation is scheduled to commence.
10Employees wishing to participate in this proceeding must file three (3) copies of a written statement with the Board at its offices at 505 University Avenue, 2nd floor, Toronto, Ontario M5G 2P1 not later than seven days after the date of this decision. The statement must set out their name, address and phone number, facsimile number (if any), the file number that appears at the top of this decision, the names of the applicants and responding parties and a detailed statement of what they want the Board to consider. Before filing a statement with the Board, an employee must deliver a copy to the applicants and to the responding parties and must verify that it has done so. (The correct names and addresses of the applicants and responding parties appear in the Registrar's letter that is posted with this decision.) The statement must also include the names and titles of the persons to whom the documents were delivered and information regarding the date, time and method of delivery. Employees, however, should not write to the Board if the only thing they want to say is that they support or do not support a particular bargaining agent. If the Board decides that an employee's statement will not change the result of the application, the Board may decide the application without further notice to that employee.
“David A. McKee”
for the Board