Ontario Labour Relations Board
2956-00-R International Brotherhood of Electrical Workers, Local 636 (Hereinafter “IBEW”), Applicant v. The Corporation of the Town of Midland, Responding Party v. Ontario Public Service Employees Union, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J.A. Rundle and H. Peacock.
DECISION OF THE BOARD; July 10, 2001
- This is an application under section 69 of the Labour Relations Act, 1995. In a decision dated May 29, 2001 the Board made the following declarations:
(1) there has been a sale of business from the Midland Public Utilities Commission (PUC) to the Corporation of the Town of Midland, within the meaning of section 69 of the Act
(2) there has been an intermingling of employees
(3) the appropriate bargaining unit is as follows:
all employees of the Town of Midland Public Works Department, Town of Midland, save and except foreman, persons above the rank of foreman, office staff, student employees (as defined herein), occasional employees (as defined herein) and persons covered by subsisting collective agreements.
Pursuant to a direction of the Board dated June 22, 2001, a representation vote was held on June 27, 2001. Voters were asked whether they wished to be represented by the International Brotherhood of Electrical Workers, Local 636 or the Ontario Public Service Employees Union in their employment relationship with the responding party.
On the taking of the representation vote, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the Ontario Public Service Employees Union.
The Board hereby declares that the Ontario Public Service Employees Union represents the employees in the bargaining unit described in paragraph 1.
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.
The responding party is directed to post copies of this decision immediately in places where they are likely to come to the attention of the affected employees. The copies should remain posted for 30 days.
“Laura Trachuk”
for the Board