Karl Palubeskie v. The Canadian Union of Public Employees and its Local 2484-21
File No.: 2786-00-R Date: December 22, 2000
Applicant: Karl Palubeskie Responding Party: The Canadian Union of Public Employees and its Local 2484-21 Intervenor: Islington Nursery & Child Care Centre Limited
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on December 19, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Islington Nursery & Child Care Centre Limited, with an effective date of January 2, 1998, until January 1, 2001. The bargaining unit description in that collective agreement is as follows:
all employees in the Municipality of Metropolitan Toronto, save and except assistant supervisors and persons above the rank of assistant supervisor.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of Islington Nursery & Child Care Centre Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on December 19, 2000, the application filing date, will be eligible to vote.
5The vote will be held on December 28, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Islington Nursery & Child Care Centre Limited.
7The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
8Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, 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. 5: Status Disputes in Termination Applications (Non-Construction).
9The Board notes that there is no completed Confirmation of Posting in this file. To the extent the employer failed to make and post copies of the Application for Termination of Bargaining Rights Under Section 63 of the Act(Form A-6) and/or the Notice to Employees of Application for Termination of Bargaining Rights (Form C-5) as directed by the Registrar in Confirmation of Filing of Application for Termination of Bargaining Rights Under Section 63 of the Act dated December 19, 2000, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The employer is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so before the end of business on December 22, 2000.
10The employer 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 Forms referred to in paragraph 9 above. These copies must remain posted for 30 days.
11The matter is referred to the Registrar.
“Patrick Kelly”
for the Board