The Laurentian University Faculty Association v. Université de Sudbury/University of Sudbury
2416-01-R The Laurentian University Faculty Association, Applicant v. Université de Sudbury/University of Sudbury, Responding Party.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; December 21, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: “Université de Sudbury/University of Sudbury”.
2No 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 November 30, 2001.
3Having regard to the agreement of the parties, the Board further finds that:
all full- and part-time academic staff including professional librarians employed by the University of Sudbury, save and except the President, Vice-Chancellor, Registrar, Treasurer, and Chaplain, in the Province of Ontario,
constitute a unit of employees of the responding party appropriate for collective bargaining.
4On 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.
5The employer has raised a number of issues regarding the conduct of the representation vote in this matter. However, it is apparent that even if all of the employees who the employer wished to vote did vote, and all of them voted against the applicant, more than fifty per cent of the employees in the bargaining unit would still have voted in favour of the applicant. Accordingly, there is no reason to hold a hearing with respect to the issues raised by the responding party.
6A certificate will issue to the applicant.
7The 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.
8Meeting and hearing dates set previously are hereby cancelled.
9The 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.
“Brian McLean”
for the Board