Ontario Labour Relations Board
File Nos.: 2884-00-R, 2908-00-PS Date: November 22, 2001
Between: Ontario Public Service Employees Union, Applicant v. The Corporation of The Township of Moore, Responding Party v. United Automobile Aerospace and Agricultural Implement Workers of America Local 251, Intervenor.
And Between: Corporation of the Township of St. Clair, Applicant v. International Union United Automobile, Aerospace and Agricultural Implement Workers of America (UAW-CLC) Local 251, Responding Party v. Ontario Public Service Employees Union, Intervenor.
Before: Stephen Raymond, Vice-Chair.
Decision of the Board
1A hearing was held on November 21, 2001 for the purposes of determining whether 40 percent of the employees in the agreed to bargaining unit were not represented by a bargaining agent immediately before the changeover date (January 1, 2001).
2The parties agreed that there were 43 employees in the agreed to bargaining unit immediately before the changeover date.
3Of those 43, five were represented by the International Union United Automobile, Aerospace and Agricultural Implement Workers of America (UAW-CLC) Local 251 (“UAW”). The Ontario Public Service Employees Union (“OPSEU”) had applied for certification in respect of a bargaining unit for Moore Township, a predecessor employer to the Corporation of the Township of St. Clair. In support of that application, OPSEU filed 23 cards signifying membership. Of those 23 cards, 21 of those persons were in the agreed to bargaining unit. Accordingly, as of the date immediately prior to the changeover date there were 26 persons in the agreed to bargaining unit who were represented by a bargaining agent and 17 persons who were not represented by a bargaining agent.
4I must now determine the percentage of the employees in the bargaining unit who were not represented by a bargaining agent. There are 17 such persons in a bargaining unit of 43. 17 divided by 43 is equal to 39.5%. In order for there to be an option on the ballot to not be represented by a bargaining agent, there must be 40%. The Board does not “round-up” when determining percentages.
5Therefore, the voters will be given the choice as to whether they wish to be represented by the UAW or by OPSEU in their employment relationship with the employer, the Corporation of the Township of St. Clair.
6The parties have also agreed to the following:
(1) OPSEU and UAW will be provided with names and addresses of the persons on the voting list given to counsel (or as otherwise directed) on or before Friday, November 23rd/2001 at 5:00 p.m.
(2) Bulletin boards will be made available for OPSEU and UAW notices of each of the five work locations up to the date of the vote. Notices will be letter size and one notice for each union per bulletin board will be permitted.
(3) OPSEU will be provided with a meeting room, suitable for up to 50 people at the Sports Complex on Thursday, December 6th, 2001 between the hours of 3:30 and 5:30 p.m.
(4) UAW will be provided with a meeting room, suitable for up to 50 people at the Sports Complex on Wednesday, December 5th, 2001 between the hours of 3:30 and 5:30 p.m.
(5) OPSEU and UAW will be permitted to leaflet at entrances of work locations up to one hour before the vote.
(6) The parties further agreed to the following bargaining unit description:
all employees of the Corporation of the Township of St. Clair, in the Township of St. Clair, save and except supervisors, persons above the rank of supervisor, secretary to the Chief Administrative Officer, volunteer firefighters, crossing guards, persons regularly employed for not more than sixteen (16) hours per week and students employed during the school vacation period.
7The vote will be held on December 11, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached “Notice of Vote”.
8The Corporation of the Township of St. Clair is directed to post copies of this decision and of the “Notice of Vote” in a place where they are likely to come to the attention of the employees. These copies must remain posted for 30 days.
9This matter is referred to the Registrar.
“Stephen Raymond”
for the Board