2525-00-R Nipissing University Faculty Association, Applicant v. Nipissing University, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; November 28, 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”).
The responding party was duly served with the application material on November 23, 2000, according to the certificate of delivery filed by the applicant. The responding party alleges that the material did not come to the attention of an authorized representative of the University until November 27, 2000. The responding party, therefore, submits the date for delivery for response is November 29, 2000. The Board disagrees. There is no reason to question that this application was faxed to the responding party on November 23, 2000. The Board is not willing to extend the time for filing a response in this matter. Such response was due on November 27, 2000 and was not filed within that time limit.
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 contract academic staff employed by Nipissing University in the City of North Bay and the City of Bracebridge who provide instruction in at least one university degree credit course in any calendar year, save and except the President, Vice-President Academic, Vice-President Administration and Finance, Registrar, Deans, Associate Deans, Administrative Assistants to the Deans, Director of Library Services, Academic Counsellors, Laboratory Technicians, and academic staff employed by Nipissing University on leave from or on secondment from another university or employer.
The vote will be held on November 30, 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 November 23, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 23, 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.
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.
“Timothy W. Sargeant”
for the Board