New Path Youth and Family Counselling Services of Simcoe County v. Ontario Public Service Employees Union and its Local 355
File No.: 1120-00-R Parties: New Path Youth and Family Counselling Services of Simcoe County, Applicant v. Ontario Public Service Employees Union and its Local 355, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; November 7, 2000
Decision
This is an application filed under section 69 and subsection (4) of section 1 of the Labour Relations Act, 1995 (the "Act").
The parties entered into Minutes of Settlement dated October 18, 2000. Having regard to that agreement the Board makes the following orders, directions and declarations:
a) that there has been a sale of a business from Catulpa-Tamarac Child and Family Services Inc. to New Path Youth and Family Counselling Services of Simcoe County;
b) that there has been a sale of a business from Robert Thompson Youth and Family Centre to New Path Youth and Family Counselling Services Inc. to New Path Youth and Family Counselling Services of Simcoe County;
c) that there has been an intermingling of employees of the predecessor employers Robert Thompson Youth and Family Centre and Catulpa – Tamarac Child and Family Services Inc. and the successor employer New Path Youth and Family Counselling Services Inc. of Simcoe County within the meaning of section 69 of the Labour Relations Act.
The parties have agreed that the current terms and conditions of employment which remain in effect include the letter of intent concerning Government Grant employees and that, for clarity, employees governed by that letter and excluded thereby do not form part of the voting constituency for the representation vote. For further clarity it is agreed that Lynn Lloyd and Wayne Shellswell would be excluded by the letter if they otherwise fell within the bargaining unit description and do not therefore fall within the voting constituency.
Having regard to the agreement of the parties, the Board finds that:
all employees of New Path Youth and Family Counselling Services of Simcoe County in the County of Simcoe, save and except supervisors, persons above the rank of supervisor, Executive Assistant, Human Resources Generalist, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period,
constitute a unit of employees of the responding party appropriate for collective bargaining.
The Board orders the holding of a representation vote to determine whether the Ontario Public Service Employees Union and its Local 355 will represent the employees of the successor employer as their bargaining agent.
The vote will be held on November 22 and 23, 2000. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
All individuals listed on the voters list to be developed by the parties are eligible to vote.
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 including all vote arrangements where it is most likely to come to the attention of employees who may be affected. 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, 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.
"Marilyn Silverman
for the Board