0154-01-R Ontario Public Service Employees Union, Applicant v. Sodexho Marriott Services Canada Ltd., Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; May 24, 2001
The style of cause is hereby amended to reflect the correct name of the responding party: "Sodexho Marriott Services Canada Ltd."
No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of April 19, 2001.
Having regard to the agreement of the parties dated May 16, 2001, the Board finds that:
all custodial, office, clerical & administrative employees of Sodexho Marriott Services Canada Ltd. employed at the Brealey and McRae campuses of Sir Sanford Fleming College of Applied Arts and Technology in the City of Peterborough, save and except guards, supervisors, those above the rank of supervisor, and those persons for whom any trade union held bargaining rights as of April 12, 2001.
Clarity Note: The parties agree that the first employee hired in either of an office, clerical, or administrative capacity shall be deemed to be employed in a confidential capacity in matters relating to labour relations for the purposes of section 1(3)(b) of the Act,
constitute a unit of employees of the responding party appropriate for collective bargaining.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
Meeting and hearing dates set previously are hereby cancelled.
The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
“Caroline Rowan”
for the Board