3522-99-R Canadian Union of Public Employees, Applicant v. Operation Springboard, Responding Party.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; March 7, 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”).
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 responding party disputes the applicant’s estimate of the number of employees in the applicant’s proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant’s bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
The Board finds that the bargaining unit described in the application could be appropriate. After comparing the membership evidence provided by the applicant against information provided by the responding party, the Board cannot be absolutely certain that the percentage of the individuals who appear to be members of the trade union is at least 40 per cent of the individuals in the bargaining unit proposed by the applicant. In these circumstances, the Board directs that the ballot box from the representation vote be sealed. The ballots will not be counted until the Board so orders or the parties agree.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Operation Springboard in the City of Toronto, save and except Executive Director, Advisory Board, Managers, office and clerical staff, supervisors and persons above the rank of supervisor.
The vote will be held on March 9, 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 March 2, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on March 2, 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.
There is a dispute between the parties as to whether or not the positions of Assistant Supervisor, Residential Cook, Student and Co-op Student should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
The responding party proposes separate bargaining units for full-time and part-time employees (persons employed for not more than 24 hours per week). Individuals wishing to cast a ballot shall identify whether they are full-time or part-time employees. Ballots cast by full-time employees shall be segregated from those cast by part-time employees.
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 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.
“Anthony Brown”
for the Board