Ontario Labour Relations Board
2884-00-R Ontario Public Service Employees Union, Applicant v. The Corporation of The Township of Moore, Responding Party v. United Automobile Aerospace and Agricultural Implement Workers of America Local 251, Intervenor.
2908-00-PS Corporation of the Township of St. Clair, Applicant v. International Union United Automobile, Aerospace and Agricultural Implement Workers of America (UAW-CLC) Local 251, Responding Party v. Ontario Public Service Employees Union, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; November 14, 2001
Decision
1The Board is in receipt of the following correspondence from the parties:
(a) a letter dated November 12, 2001 from the counsel for the employer; and
(b) a letter dated November 13, 2001 from the counsel for OPSEU enclosing membership evidence.
2As the parties are aware and pursuant to the Public Sector Labour Relations Transition Act, 1997, the Board needs to determine the number of employees in the bargaining unit and the percentage of those employees who were not represented by a bargaining agent.
3Until there is an agreement of the parties or a decision of the Board as to the number of the employees in the bargaining unit, the Board will not determine the percentage of the those employees who were not represented by a bargaining agent. The employer asserts and has provided documentary support that the number of the employees in the bargaining unit was 44. If the parties were able to agree to this or some other number, the Board would be in the position to be able to determine the percentage of those employees who were not represented by a bargaining agent. If that percentage is forty percent or greater, the Board would then need to hear the argument of OPSEU that it represents more than 19 (or 23 depending on a review of the membership evidence submitted) of the employees in the bargaining unit.
“Stephen Raymond”
for the Board