Power Workers’ Union (CUPE Local 1000 – C.L.C.) v. Ontario Power Generation Inc.
Before: Anthony Brown, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD
1This is an application for certification.
2The applicant has not been found to have status as a trade union within the meaning section 1(1) of the Labour Relations Act, 1995 (the “Act”). Accordingly, the applicant is directed to file with the Board all of the documents that are necessary to demonstrate its status as a "trade union" within five days of the date hereof. Once those documents have been received, the Board will make its determination based on the documents alone unless either party advises the Board within the five-day period that it does not wish the Board to do so. Upon receipt of any such representation, the Board will determine what further steps will be taken.
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 Board directs that a representation vote be taken of the individuals in the following voting constituency:
all security guards employed by Ontario Power Generation Inc. at the Lakeview Generating Station, save and except persons above the rank of working supervisor and persons for whom any trade union holds the bargaining rights as of August 24, 2000.
5The vote will be held on September 1, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on August 25, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 25, 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.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The 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.
9Any 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).
10The matter is referred to the Registrar.
“Anthony Brown”
for the Board