1994-01-R Elementary Teachers’ Federation of Ontario, Applicant v. Lakehead District School Board, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; October 23, 2001
1This is an application for certification.
2A review of the Board’s records indicates that the Board has not previously found that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (“the Act”). The applicant is therefore directed to, not later than October 30, 2001 file with the Board and deliver to the other party copies of all materials upon which it intends to rely in establishing that it is a trade union within the meaning of the Act.
3Having regard to the agreement of the parties, the Board further finds that:
all Early Childhood Educators employed by the Lakehead District School Board, save and except supervisors and those above the rank of supervisor,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4It 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.
5Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Early Childhood Educators employed by the Lakehead District School Board, save and except supervisors and those above the rank of supervisor.
6The vote will be held on October 25, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.
7All individuals who had an employment relationship with the responding party in the voting constituency on October 18, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 18, 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.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any 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, 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).
11The matter is referred to the Registrar.
“Patrick Kelly”
for the Board