Ontario Labour Relations Board
2892-00-R Ontario Public Service Employees Union, Applicant v. Hamilton Housing Corporation, Responding Party v. Canadian Union of Public Employees, Local 5167, Intervenor.
3500-00-R Canadian Union of Public Employees and its Local 5167, Applicant v. Ontario Public Service Employees Union Hamilton Housing Corporation and Corporation of the City of Hamilton, Responding Parties
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
APPEARANCES: Richard Blair, Tim Hannigan, Mike Gallizzi, Eileen Wesley, Kevin Johnston, Diane Nichol Cliff DeQuettville for the Ontario Public Service Employees Union; Nick Milanovic; Michael Stokes and Gus Oliveira for the Canadian Union of Public Employees, Local 5167; Leslie A. Leroux and Mike Kearny for the Hamilton Housing Corporation and the Corporation of The City of Hamilton
DECISION OF THE BOARD; May 2, 2001
Board File No. 2892-00-R is an application for certification. Board File No. 3500-00-R is an application brought pursuant to section 1(4) of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”).
At the hearing held on April 27, 2001 the following orders were issued:
(a) That the Corporation of the City of Hamilton and the Hamilton Housing Corporation file a response in Board File No. 3500-00-R. Such response to be filed and delivered to the Board, the applicant and the intervenor by May 23, 2001. The Corporation of the City of Hamilton and the Hamilton Housing Corporation are also directed to file all documents that they intend to reply upon and all facts within their knowledge that are material to the section 1(4) application. Such documentation and facts should be filed with the Board, the applicant and the intervenor by May 23, 2001.
(b) That counsel for the Ontario Public Service Employees Union provide to counsel for the Corporation of the City of Hamilton and the Hamilton Housing Corporation, and to counsel for the Canadian Union of Public Union Employees, Local 5167:
(i) full particulars as to counsel’s position as to the Minutes of Settlement between Canadian Union of Public Employees, Local 5167; the Hamilton Housing Corporation and the Corporation of the City of Hamilton, dated April 20, 2001 in regards to the section 1(4) application,. Such particulars should be filed with the Board and counsel by June 11, 2001;
(ii) full particulars as to counsel’s position that in any event such Minutes of Settlement are not a bar to the application for certification in these circumstances.
Such particulars are to be filed with the Board and respective counsel by June 11, 2001.
Board Files 2892-00-R and 3500-00-R are consolidated. The continuation of hearings for these matters are scheduled for June 19, 22, July 3 and 6, 2001.
This panel does not remain seized.
“Timothy W. Sargeant”
for the Board