0153-01-R Union of Needletrades, Industrial, and Textile Employees, Applicant v. WoodGreen Community Centre of Toronto, Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 23, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: "WoodGreen Community Centre of Toronto".
2Except with respect to the positions of adult day programmers and administrative co-ordinators, the parties have agreed on the following bargaining unit description:
all employees of WoodGreen Community Centre of Toronto, in the City of Toronto, save and except Assistant Supervisors, Managers, and those above the rank of Executive Assistant to the President, Co-ordinator, Transportation and Food Programs, Co-ordinator, Supportive Housing, Co-ordinator, Homemaking, Volunteer Services Co-ordinator, Network Administrator, Accounting Administrator, Payroll Administrator, Co-ordinator, Homemaking and Client Service, Administrative Co-ordinator, intern students and persons placed by WoodGreen Community Centre of Toronto with other employers, for the purpose of job training.
3The Board has determined, however, that the applicant's right to certification cannot be affected by the Board's ultimate decision as to the inclusion or exclusion of the disputed classifications. 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, regardless of the outcome of the dispute over the bargaining unit.
4Accordingly, the Board pursuant to its discretion under section 9(2) of the Act, having regard to the agreement of the parties and pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for the bargaining unit description set out in paragraph 2 above, and pending the resolution of the status of the positions in dispute, excluding as well adult day programmers and administrative co-ordinators.
5A final certificate must await the final determination of the appropriate bargaining unit.
6The 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.
7Meeting and hearing dates set previously are hereby cancelled.
8The 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.
“Timothy W. Sargeant”
for the Board