Education Support Staff Association v. York Region District School Board
File No.: 0846-01-R Date: June 20, 2001
Applicant: Education Support Staff Association Responding Party: York Region District School Board Intervenor: Canadian Union of Public Employees
Before: Anthony Brown, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; June 20, 2001
1This is a displacement application for certification.
2The Canadian Union of Public Employees intervenes in this application. It currently represents employees affected by this application. It asserts that the applicant is not a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the "Act"), that the membership evidence filed by the applicant was obtained improperly and under false pretences, and that the applicant has underestimated the number of employees in the bargaining unit. It submits that the application should be dismissed. It objects to the vote being held on June 22, 2001, and states that, if a vote is held, it should be held in the week of June 25, 2001, and the ballot box should be sealed.
3The applicant has submitted information in support of its claim to status as a trade union, including a constitution and minutes of meetings. However, it is not necessary to decide whether the applicant is a trade union in order to hold a representation vote.
4The intervenor's objections do not raise sufficient grounds to refuse to order a vote, to delay the vote from the normal five-day timeline, or to seal the ballot box.
5It 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. Further, this application appears to be timely.
6The Board has not been provided with a copy of the collective agreement between the employer and the intervenor, and therefore does not know how the present bargaining unit is described and cannot determine whether the applicant seeks to displace the current bargaining agent in respect of all or only part of the unit. The bargaining unit described by the applicant differs from that described by the intervenor, although there is substantial overlap. Therefore, the Board has determined a voting constituency that appears to include all employees in the unit according to either description. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all office, clerical, technical and education assistant employees of York Region District School Board, save and except supervisors and persons above the rank of supervisor.
7The vote will be held on June 22, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
8All individuals who had an employment relationship with the responding party in the voting constituency on June 15, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on June 15, 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.
9There may be a dispute as to whether certain positions should be in the bargaining unit. If any individual holding a disputed 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.
10Voters will be asked to indicate whether they wish to be represented by the applicant or the intervenor in their employment relations with the responding party.
11The 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.
12Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, 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).
13The matter is referred to the Registrar.
"Anthony Brown"
for the Board