Employees of Ventures Group Home v. Ontario Public Service Employees Union
File No.: 3415-99-R Date: February 24, 2000
Applicant: Employees of Ventures Group Home Responding Party: Ontario Public Service Employees Union Intervenor: Ventures Group Home
Before: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2Although served with the application, the responding party did not file a response to the application.
3This application was filed on February 22, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Ventures Group Home, with an effective date of April 19, 1999, until April 18, 2000. The bargaining unit description in that collective agreement is as follows:
all full time employees at Ventures Group Home, save and except managerial employees, and those employees in a confidential position as defined by the Ontario Labour Relations Act.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
4It 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.
5The Board directs that a representation vote be taken of the employees of Ventures Group Home employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on February 22, 2000, the application filing date, will be eligible to vote.
6The vote will be held on February 29, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Ventures Group Home.
8The 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.
9Any 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).
10The matter is referred to the Registrar.
"Brian McLean"
for the Board