Ontario Public Service Employees Union v. York Detention Centre Ltd.
1716-01-R Ontario Public Service Employees Union, Applicant v. York Detention Centre Ltd., Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF TIMOTHY W. SARGEANT, VICE CHAIR, AND BOARD MEMBER H. PEACOCK September 25, 2001
1This is an application for certification.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
3It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of York Detention Centre Ltd. in the City of Toronto, save and except supervisors and persons above the rank of supervisors.
5The Board has considered the submission of the responding party regarding the appropriate date for holding the vote. The Board having considered such submission is not prepared to deviate from its normal practice. The vote will be held on September 27, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on September 20, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on September 20, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7There is a dispute between the parties as to whether the bargaining unit description should exclude individuals employed in a confidential capacity in matters relating to labour relations. If any individual is in dispute because of this difference and wishes to cast a ballot, such individual shall be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
11The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board
CONCURING OPINION OF BOARD MEMBER J. A. RONSON (for the Board); September 25, 2001
If the employer has bona fide concerns about “relief staff” employees not having notice of the voting day, then this is a situation where it can and should contact those employees to tell them about the vote.
“J. A. Ronson”