Christine Barnett v. Canadian Union of Public Employees (CUPE)
1618-01-R Christine Barnett, Applicant v. Canadian Union of Public Employees (CUPE), Responding Party v. Brockville General Hospital, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; September 12, 2001
1The applicant refers to itself as “CUPE 1650 (Paramedical). In order to avoid confusion, the style of cause has been amended to indicate the name of the application’s contact person as the applicant.
2The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
3The responding party, although duly served with the application material on September 6, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 74 of the Board's Rules of Procedure.
4This application was filed on September 7, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Brockville General Hospital, with an effective date of April 1, 1999, until September 28, 2001. The bargaining unit description in that collective agreement is as follows:
all Medical Laboratory Technologists, Medical Laboratory Assistants, Medical Radiation Technologists, Sonographers, and Pharmacy Technicians, save and except Laboratory Manager, Diagnostic Imaging Manager, Director of Pharmacy and Staff Pharmacists, students employed during the school vacation period, students in training and persons covered by subsisting Collective Agreements.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
5It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
6The Board directs that a representation vote be taken of the employees of Brockville General Hospital employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on September 7, 2001, the application filing date, will be eligible to vote.
7The vote will be held on September 14, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
8Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Brockville General Hospital.
9The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. 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 termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
11The matter is referred to the Registrar.
“Patrick Kelly”
for the Board