Town of Midland Office and Technical Employees, Local 328 v. Ontario Public Service Employees Union (O.P.S.E.U.)
2205-01-R Town of Midland Office and Technical Employees, Local 328, Applicant v. Ontario Public Service Employees Union (O.P.S.E.U.), Responding Party.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; November 13, 2001
The 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to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on November 7, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and the Town of Midland, with an effective date of July 1, 1998, until June 30, 2001. The bargaining unit description in that collective agreement is as follows:
all office, clerical and technical employees of the Town of Midland, in the Town of Midland, save and except confidential secretaries to department heads, supervisory staff, student employees as herein defined, occasional employees as herein defined, the position of Chief Building Official and persons covered by subsisting collective agreements.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
It 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.
The Board directs that a representation vote be taken of the employees of the Town of Midland employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on November 7, 2001, the application filing date, will be eligible to vote.
The vote will be held on November 15, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the Town of Midland.
The responding party gives notice under section 63(16) but has not provided detailed representations with respect to its assertion that the applicant is not a “proper applicant”.
The 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.
Any 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).
The matter is referred to the Registrar.
“Anthony Brown”
for the Board