3537-00-R The Corporation of the City of Quinte West, Applicant v. International Brotherhood of Electrical Workers, Local 636; Canadian Union of Public Employees; Canadian Union of Public Employees, Local 799, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; June 19, 2001
This is an application under section 69 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”) alleging a sale of a business. The applicant and International Brotherhood of Electrical Workers, Local 636 (“the IBEW”) have entered into Minutes of Settlement whereby they acknowledge that a sale of business has taken place, and that a representation vote should be held on July 4, 2001, with voters being required to select between the IBEW and Canadian Union of Public Employees and its Local 799 (“CUPE”). Apparently, CUPE has not entered into the minutes of settlement because it does not agree that a vote should be directed. Due to the number of employees CUPE currently represents with respect to the successor employer, CUPE appears to contend that it should be declared the bargaining agent for the large bargaining unit proposed in the minutes of settlement. All the parties agreed that this issue should be addressed through written submissions. In addition, CUPE asks that the ongoing applicability of the collective agreement between CUPE and the alleged predecessor, Quinte West Public Utilities Commission (“the PUC”) be addressed through written submissions.
The parties are hereby directed to file and deliver written submissions, to the extent each party wishes, regarding the following two issues:
(i) whether or not a representation vote should be directed;
(ii) the extent, if any, to which the applicant should be or is bound to the collective agreement between the PUC and CUPE, covering the water pollution control plant.
These submissions are to be provided on or before Tuesday, June 26, 2001. To the extent any party wishes to file reply submissions, it is directed to do so on or before Thursday , June 28, 2001.
Following receipt of all submissions herein directed, the Board shall give further consideration to this matter.
“Patrick Kelly”
for the Board