File No.: 2099-01-R Parties: Ontario Public Service Employees Union, Applicant v. St. John Bosco Child Care Centre, Responding Party.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; November 1, 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 St. John Bosco Child Care Centre in the Town of Woodbridge, save and except supervisors and those above the rank of supervisor.
5The vote will be held on November 5, 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 October 29, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on October 29, 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 or not the positions of persons who perform contract services should be included in the bargaining unit. If any individual holding such a position wishes to cast a ballot, the individual shall identify himself or herself as occupying a disputed position and such individual shall then 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 states that it agrees with the applicant’s estimate of the number of individuals in the applicant’s proposed bargaining unit. Nevertheless, the responding party purports to give notice under section 8.1 of the Act. In our view, the notice under section 8.1 is of no effect. The section applies where there is a disagreement over the number of individuals in the applicant’s proposed unit. Here, there is none. Moreover, paragraph 8.1(2)[b] requires the employer to provide its estimate of the number of individuals in the applicant’s proposed bargaining unit. The response filed by the responding party does not do so.
10The 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.
11Any 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).
12The matter is referred to the Registrar.
“Anthony Brown”
for the Board