3009-00-PS Prescott-Russell Services to Children and Adults, Applicant v. Ontario Public Service Employees Union, Local 426; United Steelworkers of America; Ontario Secondary School Teachers Federation; and Canadian Union of Public Employees, Local 3954, Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; June 22, 2001
This is an application under section 21, 22 or 23 of the Public Sector Labour Relations Transition Act, 1997 (the “Act”).
Further to the direction of the Board dated June 1, 2001, a further representation vote was held in this matter on June 6 and 7, 2001. The Board Officer’s report of vote indicates that the following number of ballots were marked in favour of:
Ontario Public Service Employees Union/
Syndicat des Employé-e-s de la Fonction
Publique de l’Ontario 90
United Steelworkers/Les Métallos 89
In addition, there were 23 ballots segregated and not counted. In view of the results of the representation vote, the status of some or all of the individuals whose ballots were segregated and not counted will need to be resolved.
By correspondence dated June 7, 2001, counsel for the United Steelworkers of America (“USWA”) renewed its request that the Board order particulars of the other parties’ positions in respect of the challenged individuals and also requested that the parties produce all documents that are relevant to the status of the challenged individuals.
Subsequently, on June 15, 2001, counsel for Ontario Public Service Union (“OPSEU”) wrote to the Board (copied the other parties) outlining its position regarding the segregated ballots and regarding the spoiled ballot. Counsel for Prescott-Russell Services to Children and Adults (the “employer”) also wrote to the Board on June 15, 2001 (copied the other parties) requesting the scheduling of a Labour Relations Officer meeting as soon as possible in order to attempt to come to an agreement with respect to the ballots remaining in dispute, etc. Counsel for the employer did not, however, address in detail its position with respect to the various individuals in dispute.
Accordingly, the Board directs that Rules 26(d) and 30(d) of the Board’s Rules of Procedure apply and directs each party to deliver one copy of the following materials to the other parties and file two copies of the following materials with the Board:
i) a brief setting out a statement of the issues in dispute and the facts upon which it intends to rely; and
ii) a copy of all documents upon which it intends to rely.
At the time of filing, each party must verify that it has delivered its materials as required by the Board’s Interim Rules under the Act. The applicant’s materials must be delivered and filed no later than five (5) days following the date of this decision and additional OPSEU materials (i.e. in addition to its statement contained in its correspondence dated June 15, 2001) must be delivered and filed no later than seven (7) days following the date of this decision. The USWA’s materials must then be delivered and filed no later than ten (10) days following the date of this decision.
In the circumstances, and pursuant to section 37(3) of the Act, the Board has also appointed a Board Officer to meet with the parties for the purpose of resolving the matters in dispute in whole or in part. The Officer will report the status of the settlement efforts to the Board. The Board will then make such orders or schedule such consultation or hearing as appear to be necessary based on the material before it.
The employer is directed to post copies of this decision in the workplace immediately. A sufficient number are to be posted where they are most likely to come to the attention of all of the employees who may be affected by the application. The employer must keep them posted for a period of sixty (60) days.
“Caroline Rowan”
for the Board