Ontario Public Service Employees Union v. Canadian Blood Services Thunder Bay
0473-01-R Ontario Public Service Employees Union, Applicant v. Canadian Blood Services Thunder Bay, Responding Party.
BEFORE: Bram Herlich, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; May 11, 2001
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
3It 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.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Canadian Blood Services Plasma Collection Centre in the City of Thunder Bay, save and except supervisor and persons above the rank of supervisor.
5The vote will be held on May 15, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on May 8, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on May 8, 2001, 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.
7The Board notes that, although it indicates “no substantive change to the composition of the proposed bargaining unit”, the responding party proposes a classification based or, as it describes it, an “inclusion” bargaining unit description.
8The Board also notes that the employer disagrees with both the applicant’s proposed bargaining unit and estimate of individuals in that unit and has filed a notice under section 8.1. It has agreed, however, that the ballots cast in the representation vote directed herein be counted. Accordingly, there is no need to seal the ballot box.
9Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Bram Herlich”
for the Board