0837-00-R Ontario Public Service Employees Union, Applicant v. South Cochrane Child and Youth Services, Responding Party v. Canadian Union of Public Employees and its Local 2196, Intervenor #1 v. South Cochrane Child and Youth Service Employees Association, Intervenor #2.
BEFORE: Stephen Raymond, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; June 22, 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 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 from 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.
The 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 majority of the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of South Cochrane Child and Youth Services employed at the F.W. Schumacher Residence located in the District of Cochrane, save and except Team Leaders and persons above the rank of Team Leader and any person for whom any trade union held bargaining rights as of June 14, 2000.
The vote will be held on June 26, 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 June 14, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 14, 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.
Intervenor #1 takes the position that it already represents the employees in the applicant’s proposed bargaining unit as part of its larger unit with Porcupine and District Children’s Aid Society. Intervenor #2 takes the position that it already represents the employees in the applicant’s proposed bargaining unit as part of its larger bargaining unit with South Cochrane Child and Youth Services. Accordingly, the ballot box will be sealed pending determination of these matters by the Board or the parties’ agreement.
The responding party has filed an application under section 69 of the Labour Relations Act, 1995. The responding party alleges that Porcupine and District Children’s Aid Society and South Cochrane Child and Youth Service Incorporated have been sold to Child and Family Services of Timmins and District. The responding party requests that the representation vote be delayed pending the outcome of this application or, in the alternative, that the ballot box sealed. The Board sees no compelling reason to delay the representation vote but does order that the ballot box be sealed and not opened until the Board orders or all the parties agree.
The responding party takes the position that the appropriate bargaining unit is as follows:
all employees of Child and Family Services of Timmins and District located in the City of Timmins and the District of Cochrane, save and except Supervisors/Team Leaders, persons above the rank of Supervisor/Team Leader, persons employed in a confidential capacity with respect to labour relations, persons not regularly scheduled for not more than 24 hours per week and students employed during the school vacation period.
The intervenors take the position, noted above, that they represent the employees in the applicant’s proposed bargaining unit as part of their bargaining units. The responding party appears to take the position that the business encompassing the applicant’s proposed bargaining unit has been sold. If any of these positions proves to be correct, this application may be dismissed. Accordingly, the Board considers it appropriate to order a representation vote of only the employees in the applicant’s proposed bargaining unit.
There may also be an issue as to whether Intervenor #2 is a trade union pursuant to section 1(1) of the Labour Relations Act, 1995
Voters will be asked to indicate whether 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, 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.
“Stephen Raymond”
for the Board